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"Expropriation"
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Droit national - Risques naturels majeurs
Exclusion de la procédure d'expropriation pour risques naturels majeurs en cas d'érosion dunaire, Conseil constitutionnel, décision n° 2018-698 QPC du 6 avril 2018, Syndicat secondaire Le Signal
Journal Article
Does Confucianism Reduce Minority Shareholder Expropriation? Evidence from China
Using a sample of 12,061 firm-year observations from the Chinese stock market for the period of 2001–2011 and geographic-proximity-based Confucianism variables, this study provides strong evidence that Confucianism is significantly negatively associated with minority shareholder expropriation, implying that Confucianism does mitigate agency conflicts between the controlling shareholder and minority shareholders. This finding suggests that Confucianism has important influence on business ethics, and thus can serve as an important ethical philosophy or social norm to mitigate the controlling shareholder's unethical expropriation behavior. Moreover, my findings reveal that the nature of the ultimate owner attenuates the negative association between Confucianism and minority shareholder expropriation, suggesting that Confucianism's negative impact on minority shareholder expropriation is less pronounced for state-owned enterprises than for non-state-owned enterprises. The above results are robust to a variety of sensitivity tests and my findings are valid after controlling for the potential endogeneity between Confucianism and minority shareholder expropriation.
Journal Article
The social politics of dispossession
Extant studies on land dispossession often focus on its economic and extra-economic aspects, with respective emphasis on the operation of market mechanisms and the deployment of state-led coercion in bringing about the separation of households from their land. This article draws attention to the under-examined role of informal institutions in the politics of dispossession. Social organisations such as lineages and clans pervade grassroots societies and are central to land control and configurations of property rights. In China, the reconsolidation of lineages as share-holding corporations that develop real estate and operate land transfers has rendered them prominent actors in the politics of land and urbanisation. Drawing on an empirical case study, this article argues that informal institutions play a crucial role in mediating both the economic and extra-economic processes of dispossession. It further shows how, by providing the networks necessary for collective mobilisation and supplying the normative framework through which rightful shares in land are claimed, social organisations are at the same time instrumental in the organisation of anti-dispossession struggles. By unravelling the social dynamics that underlie land expropriation, this article offers a nuanced perspective to the politics of dispossession that goes beyond narratives of state-led coercion and market compulsion.
现有关于土地剥夺的研究往往侧重于其经济和“超经济”方面，前者强调市场机制的运行，后者强调运用国家主导的胁迫促成家庭与土地的分离。本文提请关注非正规机构在剥夺政治中发挥的作用，这一作用迄今尚未得到充分审视。诸如家族和宗族等社会组织遍布基层社会，是土地控制和产权配置的核心。在中国，一些血亲家族重新整合成为开发房地产和经营土地流转的股份制企业，使它们成为土地和城市化政治中的重要角色。本文以一个实证案例研究为基础，认为非正规机构在调节剥夺的经济和超经济过程中起着至关重要的作用。文章进一步表明，通过提供集体动员所必需的人际关系网络，并提供主张土地正当权益份额的规范框架，社会组织同时在组织反剥夺斗争中发挥作用。通过揭示土地征收背后的社会机制，本文提供了审视剥夺政治的一个细微视角，在国家主导型胁迫和市场强制角度之外另窥端倪。
Journal Article
Social Stability Risk Assessment of Land Expropriation: Lessons from the Chinese Case
Scholars have paid much attention to the problems existing in the land expropriation risk assessment system and the sound countermeasures from a qualitative perspective. Empirical research on land expropriation social stability risk assessment from the micro-level perspective is limited. This study analyzed the Chinese social stability risk assessment system of land expropriation though a case study of a land expropriation project in China. The current social stability risk assessment system of land expropriation, which includes the assessment purposes, principles, contents, methods, and results, was analyzed. We concluded with lessons and deficiencies from the current social stability risk assessment system. The research findings show that: (1) the current land expropriation risk assessment system mostly takes the land administration department as the main body of responsibility, identifies the risks by means of seminars, visits, letters, and visits, and takes the opinion of the masses or experts as the risk assessment result. (2) The current land expropriation risk assessment system should be standardized in terms of defining the risk assessment of land expropriation, improving the land expropriation risk assessment system and optimizing land expropriation assessment procedures. This paper provides a reference for the sustainable development of land use in rural and urban areas in China.
Journal Article
Crossing The Midline-A Unilateral Approach to Kyphoplasty
INTRODUCTION Vertebral compression fractures occur commonly in the elderly population leading to the need for either bilateral or unilateral kyphoplasty as treatment after the failure of conservative measures. Recently, Medicare recommended performing a unilateral approach to kyphoplasty in the outpatient setting due to less anesthesia time and it being a less invasive procedure, but there is little demonstrating why a unilateral approach is just as efficacious as a bilateral approach. In this study, we report the results of 234 consecutive kyphoplasties that resulted after differing etiologies of injury that were performed with either a unilateral or a bilateral approach. METHODS A retrospective method was used to look at 234 consecutive kyphoplasties preformed over a 2-year period. These kyphoplasties were separated into bilateral and unilateral categories. We then compared the average total cement used per level, VAS reduction, average procedure time, and average in and out of the procedure room time between approaches. RESULTS It was found that both bilateral and unilateral approaches used an average of 7.2 cc of cement per level. It was found that after performing a bilateral approach 65% of patients had no pain afterward compared to 79% being pain free after a unilaterally performed kyphoplasty, which is a significant difference (P = .0269). The average total procedure time per single, two, three, and four levels for a unilateral approach was similar compared to a bilateral approach, as was the average in and out of the procedure room time. CONCLUSION We conclude that a unilateral approach is just as efficacious as a bilateral approach to kyphoplasty in the treatment of vertebral compression fractures. We can also conclude that there may be a benefit in using a unilateral approach over a bilateral approach when considering the significant reduction in the VAS seen in the unilateral approach.
Journal Article
State-owned MNCs and host country expropriation risk: The role of home state soft power and economic gunboat diplomacy
Expropriation risk has a binding effect on foreign direct investment (FDI). However, state-owned multinational corporations may counter the monopoly power of the host state by leveraging the political influence of their home government. The magnitude of this counter force, we argue, may vary, depending on the strength of political relations between the home and host state, and the level of economic dependence of the host country on the home market. We find supporting evidence of our hypotheses using Chinese firm-level FDI information between 2003 and 2010.
Journal Article
Trees in the Forest: How Do Family Owners Make CSR Decisions in Business Groups?
Previous studies have been split over how to view family owners’ CSR engagement, arguing that they either engage in or disengage from CSR based on different motives (i.e., preserving socio-emotional wealth vs. seeking rent expropriation). Focusing on family owners in business groups, this study integrates these divergent views. We hypothesize that family owners would pursue both motives simultaneously by optimizing the level of CSR of each affiliated firm depending on their ownership level. Furthermore, we argue that this tendency is moderated by group-level contexts. Using a sample of Korean business groups, we found that family ownership is negatively associated with affiliated firms’ CSR. Also, this negative relationship is more pronounced when firms belong to business groups with more charitable corporate foundations and when business networks are greater in their scope and scale. This study contributes to the literature by offering a more complete understanding of how family owners make CSR decisions in business group contexts.
Journal Article
AUTONOMY TO SET THE LEVEL OF REGULATORY PROTECTION IN INTERNATIONAL INVESTMENT LAW
This article argues that State autonomy in setting the level of protection for permissible regulatory aims can be better operationalised in the investment treaty regime. The article draws on comparative insights from WTO law, where it is established that WTO members have the right to determine the level of protection for permissible regulatory aims, although significant disciplines are placed on the means used to achieve those aims. It is then argued that investment treaties are, properly interpreted, consistent with the idea that States retain autonomy to determine the level of protection for permissible regulatory aims. Finally, the article proposes removing from the fair and equitable treatment and indirect expropriation standards proportionality balancing stricto sensu, as this undermines State autonomy in setting the level of protection. Overall, this article argues for a partial reorientation of investment law, in which non-discriminatory measures that pursue a permissible regulatory aim, including at a particular level, should not amount to a breach of a treaty where a State uses the means that involve the least possible restriction of the competing interests protected by relevant investment treaty obligations.
Journal Article
Conditions of Expropriation and its Implications on Property Rights
Expropriation for reasons of public utility is a frequently debated topic in the literature, but it is found that contemporary doctrine has not addressed such a current and present field before the courts, but only occasionally, which motivates us. To study its problems, in a systematic way, which aims not to omit the essential issues that could lead to an overall understanding of the phenomenon of expropriation. The importance and timeliness of the expropriation investigation for reasons of public utility lies in the fact that the institution guarantees the right of property, containing regulations regarding the expropriation, that constitute real guarantees of the right of private property. According to the fundamental law, the most severe limitations that can be brought to the property right are those regarding the forced cessions of this right, which can be achieved by expropriation for a cause of public utility, established according to the law, with right and prior compensation.
Journal Article