Description
Book SynopsisProperty is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects.
Table of ContentsA descriptive theory of the legitimate justification of expropriation; The need for a contextualising and descriptive theory of the legitimate justification; The substantive definition of the legitimate justification; The endurance of the legitimate justification; The governance of the legitimate justification of expropriation; Table of partially equivalent requirements; Chapters on German, Dutch, New York State and South African Law; Applicable law; The legitimate purpose; The contextualisation; The administrative and court procedures; The endurance of the legitimate justification; Exploration and evaluation of differences and similarities; The comparative analysis; The roots of the main similarities and differences; Application of international good governance standards; Recommendations; Summary and conclusion; The goals of the research; A descriptive theory of the legitimate justification of expropriation; German law; Dutch law; New York State law; South African law; Exploring and evaluating similarities and differences; Cases; Legislation.
