Law Commons^™

Palestinian Private Property Rights In Israel And The Occupied Territories, Stacy Howlett

Vanderbilt Journal of Transnational Law

As the birth pangs of an emerging Palestinian state rage on, one question bars settlement, reconciliation, and peace: who is entitled to the land? On a macrocosmic level, this question has and will be answered through diplomatic negotiations, political pressure, and violence. The microcosmic question of the disposition of private property, however, must be taken into consideration before any lasting peace agreement can be reached.

The rights and interests of Palestinian refugees and Israeli settlers with respect to the land they have an interest in must be balanced with national needs for territorial continuity and peace. By tracing the transfer …

The Present Status Of Compensation By Foreign States For The Taking Of Alien-Owned Property, Mark K. Neville, Jr.

Vanderbilt Journal of Transnational Law

Perhaps no other exercise of the prerogatives of national sovereignty during the past two decades has proven so divisive to the community of nations or created quite as much uncertainty in international commerce as the taking of an alien investor's property by host States. Certainly these takings have contributed mightily to the intensity of the confrontation between the Third World and the developed nations. As a result of these confrontations the line has been clearly drawn between the industrialized nations and those developing countries of the Third World that subscribe to the precepts of the New International Economic Order, an …

The Question Of Compensation: A Third World Perspective, Norman Girvan

Vanderbilt Journal of Transnational Law

The question of compensation for expropriated property takes us, in many respects, to the heart of the relationship between the developed capitalist countries and the Third World. On no other subject is the gulf between the two--in interests, perspectives and position--potentially so great, nor so pregnant with passionate and violent conflict. The rules of international law, the principles of international economics and the science of international politics can help clarify the issues involved and provide arguments for the claims of contending parties. But they cannot yield solutions which are "neutral" or are free of value judgments and philosophical assumptions which …