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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.

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.

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.

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.

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.

We investigate shareholders’reactions to the increased transparency of corporate tax haven activities in a hand-collected subsidiary data set covering 17,331 publicly listed firms in 52 countries. An increase in transparency through the staggered signing of bilateral tax information exchange agreements (TIEAs) between home countries and tax havens is associated with a 2.5% increase in the value of affected firms. The results are stronger for firms with more complex tax haven structures and weakly governed firms. Furthermore, firms that respond to TIEAs by haven hopping (i.e., they move subsidiaries from affected to nonaffected tax havens) do not experience an increase in firm value. These results are consistent with tax havens being used for expropriation activities that extend beyond pure tax-saving activities.

PurposeThis study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.Design/methodology/approachA mixed research technique of descriptive and analytic approach is applied in the research. This study used a purposive sampling technique to select case study counties and a systematic method for sampling households. Questionnaire surveys, focus group discussions, interviews and observations were used to collect empirical data. Average, percentage and paired-sample t-test analyses are used for quantitative data analysis.FindingsSignificant discrepancies exist between the expropriation laws and how property valuation and compensation are practiced in Ethiopia. The findings include the arbitrariness in designating public interest status to projects; unfair property valuation practice that neglects location factor to determine market value due to a skewed understanding of public ownership of land; and the assignment of property valuators who have no valuation expertise and proper knowledge of expropriation related laws. Findings revealed the socio-economic status of expropriated households has deteriorated due to the expropriation of their landholding.Research limitations/implicationsIt was difficult to locate the relocated persons as they were resettled in different localities. Furthermore, the town officers were not forthcoming to provide complete information on the expropriation and compensation procedures they followed. However, this study overcame the limitations through persistent requests and availing time for the data gathering.Practical implicationsThe findings indicated the need to redefine relationships between public ownership of land, public interest and expropriation of landholding. A proper understanding of the triad will pave the way for better expropriation practice in Ethiopia and in countries where land is under public ownership.Social implicationsThe social implication of the study revealed that the socio-economic situation of relocated persons was adversely affected due to the poor implementation of laws.Originality/valueThe disparity between public ownership of land and the rights of citizens on landholding is misunderstood by policymakers. Research has shown for the first time the root cause for the discontent of expropriated persons in Ethiopia.

With rapid urbanization and industry development, China has witnessed substantial land acquisition. Using the rural household survey data, this paper examines the impact of land expropriation on land-lost farmers’ self-reported health with the ordered probit model and investigates the possible mechanisms. The results show that the land expropriation puts higher health risks over those land-lost farmers and the health status of land-lost farmers is significantly worse than that of those with land. Land expropriation has a negative impact on the land-lost farmer’s health through income effects and psychological effects. The health status of land-lost farmers can be enhanced through amending current land requisition policies, increasing the amount of compensation, improving the earning capacity of land-lost farmers and strengthening mental health education.

Land expropriation, where peasants’ property rights are encroached by the state, has been recognized as a primary source of social dissension in rural China. Since the end of the last century, the Administrative Litigation Law (ALL) has provided people with a legal weapon to defend themselves against violations by state power. Drawing on the theory of relative deprivation, this paper proposes that peasants are more likely to sue the state when they feel deprived. To examine this hypothesis, we first present a case study to depict the causal process and then use quantitative research to improve the external validity of our findings. We created a novel and unique database of prefecture-level administrative litigations and relative deprivation for Poisson regression analysis. The quantitative results prove that the more peasants feel relatively deprived, the more likely they are to sue the state. Furthermore, the positive effect of relative deprivation on administrative litigations has become more significant over time, implying peasants’ growing awareness of legal resistance. This paper concludes that a critical step towards eliminating social inequity and maintaining social stability in rural China is to reduce the relative deprivation of peasants by, for example, allowing them to share in land value appreciation in the process of urbanization.

This article analyses what is widely known as the police powers exemption found in modern international investment agreements, with a focus on mega-regional trade and investment agreements. It explores its legal nature and requirements, the burden of proof and issues of compensation. In an attempt to curb (indirect) expropriation claims, the exemption carves out non-discriminatory regulatory measures from the scope of indirect expropriation and in such situations no compensation needs to be paid. It follows that, as a rule, foreign investors are not protected against the adverse economic effects of regulatory measures. The key question addressed is whether host States can increase the level of protection given to public welfare objectives through the use of this exemption without having to compensate investors for the measures taken. The article argues that, under the proportionality test embodied in the exemption, States can provide the level of protection that they desire without incurring a risk of liability as regards expropriation claims.