Needs of the Present, Challenges for the Future

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Theodore H. Moran, Gerald T. West, Geral-Keith Martin
World Bank Publications, 2008 - Business & Economics - 271 pages
This volume is the latest in a series based on the MIGA (Multilateral Investment Guarantee Agency)-Georgetown University Symposium on International Political Risk Management, with contributions from experts from the international investment, finance, insurance, and legal fields. Highlights include a treatment of regulatory risk in emerging markets by three distinguished lawyers, a proposal for a new type of war risk insurance coverage, the examination of the risk management needs of the international power sector from both legal and user perspectives, and a discussion of the future of the international investment insurance industry by leading private and public sector industry representatives.
 

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Page 269 - Angola Benin Botswana Burkina Faso Burundi Cameroon Cape Verde Central African Republic Chad Comoros Congo...
Page 135 - Taking" jurisprudence does not divide a single parcel into discrete segments and attempt to determine whether rights in a particular segment have been entirely abrogated. In deciding whether a particular governmental action has effected a taking, this Court focuses rather both on the character of the action and on the nature and extent of the interference with rights in the parcel as a whole — here, the city tax block designated as the "landmark site.
Page 269 - Gambia Ghana Guinea Guinea-Bissau Kenya Lesotho Liberia Madagascar Malawi Mali Mauritania Mauritius Mozambique Namibia Niger Nigeria Rwanda Sao Tome...
Page 164 - Amendment is violated when land-use regulation "does not substantially advance legitimate state interests or denies an owner economically viable use of his land.
Page 170 - Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.
Page 176 - Mexico, where the tribunal stated that: "expropriation under NAFTA includes not only open, deliberate and acknowledged takings of property, such as outright seizure or formal or obligatory transfer of title in favour of the host State, but also covert or incidental interference with the use of property which has the effect of depriving the owner, in whole or in significant part, of the use or reasonably-to-beexpected economic benefit of property even if not necessarily to the obvious benefit of the...
Page 135 - At least where an owner possesses a full "bundle" of property rights, the destruction of one "strand" of the bundle is not a taking, because the aggregate must be viewed in its entirety.
Page 24 - are riot war invasion act of foreign enemies hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power...
Page 117 - No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment...
Page 170 - Produce shall contain: (a) (i ) a description of a requested document sufficient to identify it, or (ii) a description in sufficient detail (including subject matter) of a narrow and specific requested category of documents that are reasonably believed to exist: (b) a description of how the documents requested are relevant and material to the outcome of the case; and (c) a statement that the documents requested are not in the possession, custody or control of the requesting Party, and of the reason...

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