| dc.creator |
Cosmas, Gabagambi Liberatus |
|
| dc.date |
2019-07-30T14:15:56Z |
|
| dc.date |
2019-07-30T14:15:56Z |
|
| dc.date |
2016 |
|
| dc.date.accessioned |
2021-05-05T13:34:58Z |
|
| dc.date.available |
2021-05-05T13:34:58Z |
|
| dc.identifier |
Gabagambi Liberatus Cosmas. The practical challenges facing expropriation or taking of investors property by the hosting states. How should it be? Journal of Asian and African Social Science and Humanities |
|
| dc.identifier |
2413-2748 |
|
| dc.identifier |
http://dspace.cbe.ac.tz:8080/xmlui/handle/123456789/343 |
|
| dc.identifier.uri |
http://hdl.handle.net/123456789/74358 |
|
| dc.description |
The study explains the challenge that faces foreign investors when investing in the
foreign land. The study deals with practical experience which happens in different
jurisdiction and decided cases. It covers in detail the concept of expropriation or taking
of investors property. That, expropriation or taking is something done by hosting states
but the issue is how should it be done? Should it be lawful or unlawful; law, agreements and treaties governing expropriation and protecting investors property requires expropriation to be done according to the law otherwise it will be unjust. The paper discusses the forms of expropriation such as nationalization, political ideologies, change of government regime, variation of the original contract or agreement.The study proposes that expropriation should be fair and just and the principle of equal treatment of investors
should be respected at the time of taking foreign investors property. Local and
foreign investors should be treated equally and the compensation must be according to
market value and the taking of the investors property must be the last option. The data
and all information contained in this paper where collected through a review of
available literature including journal, articles, decided cases, reports, papers, textbooks and thesis. |
|
| dc.format |
application/pdf |
|
| dc.language |
en |
|
| dc.publisher |
College of Business Education |
|
| dc.relation |
Volume: 2;Issue No: 4 |
|
| dc.subject |
Expropriation; property; Investors; Hosting states; |
|
| dc.title |
The Practical Challenges Facing Expropriation Or Taking of Investors Property by the Hosting States. How should it be? |
|
| dc.type |
Article |
|