The aim of the present diploma thesis entitled "The Legal Regulation of Expropriation" is to provide a coherent but not really comprehensive survey of the present legal regulation of the possibility of forced deprivation or limitation of property rights or the right corresponding to easement of land and structure. The thesis consists of nine chapters. Chapter One deals with the institute of property right as one of fundamental human rights, the existence of which is indispensable for the expropriation. Chapter Two is focused on the concept of expropriation: the definition of its basic elements, and its distinction from some other similar concepts. Chapter Three gives a brief survey of core legal regulations referring to the problem of expropriation. Further on, specific prerequisites for the expropriation are stated on the basis of the above regulations, beginning with the analysis of the object of expropriation (Chapter Four), through the statutory conditions as they are given in Chapter Five, to individual specific purposes of the expropriation (Chapter Six). In its final parts, the thesis focuses especially on the specifics of the expropriation procedural regulations (Chapter Seven). Chapter Eight is concerned with specific procedures. The conclusion brings in the conditions that may lead to the...

VI Abstract International investment activity plays in the capitalistic globalized world, which is aimed at sustainable economic growth, an important role. Effort of the states to ensure the most favourable investment conditions for foreign investors strikes in some spheres on legitimate regulatory state measures, which are adopted with reference to the international law principle of state sovereignty. Expropriation or nationalisation together with the seizure represented in the past the most compelling taking of foreign investor property rights and their identification didn't make pronounced troubles. It's clear that confiscatory or nationalizing states measure doesn't increase its investment attractivity and so states are nowadays in the sphere of takings into foreign investor property interests much more careful and more inventive. The task of submitted work is among other things to characterize these takings referred to by notion indirect expropriation and to differentiate them from legitimate state measures regarding the general social aims and social interests, which don't require any compensation in contrast to indirect expropriation. By reason that the right to expropriate is seen to be part of customary international law, there was especially a developed states effort to regulate the conditions of...

331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...

In developing countries, land management, government intervention in peri-urban land, and the striking decline of agricultural land have all affected farmers’ livelihoods and the capacity of locally supplied food for ever-growing cities. A growing body of literature has focused on the exploration of these issues in rural areas, which are believed to be the backbone of the national agriculture economy, and in peri-urban areas of large cities, which have experienced extreme changes during recent decades. But the issues are also relevant to peri-urban mid-sized cities where urbanization is in a different phase compared to the above areas. This study examines the main changes underway in the agrarian transition of peri-urban areas of Vinh city, a mid-sized city in the North Central Coast region of Vietnam. Vinh was chosen given its unique position in transforming from a mid-sized to a large city. This study explores the dynamics of agricultural production, and the role of the Vinh government in mediating urbanization and its impacts on farmers’ livelihoods. In order to attain the objectives, interviews with local leaders, and a survey with farmers were conducted, and a GIS database was also developed. The findings regarding agricultural production in the case study demonstrate that this mid-sized city, in the early phase of development, manifests itself as a duplicate of larger cities, escalating the threat of food accessibility from local sources. Duplication is in the sense that the peri-urban population in Vinh still depends largely on agriculture with a shift to commercial agriculture with higher value products despite the shrinkage of agricultural land. Agricultural production primarily uses manual family labor, and traditional products are substantially subsistent. Compared to larger cities, post-production activities (including processing, packaging, marketing, and delivery) and the organization of the agrofood supply chain in Vinh are underdeveloped due to minimum support from local and outside agencies. The case study confirms that as general trend in developing countries, Vietnam’s land policies favor the expropriation of agricultural land for industrialization and modernization. The findings also demonstrate the heterogeneity of land administration in Vietnam, structured from the ‘bottom-up’ mechanism, through which Vinh’s local authorities have the prerogative to not issue land use right certificates of agricultural land despite the national policy. This has occurred in order to control land markets to satisfy the city’s goal of transforming to an independent municipality. The situation is perpetuated by the absence of agricultural land legislations in a peri-urban context while contemporary legislation has been developed to address the rural areas because of their importance in the national agriculture economy. This is an issue for land management in Vietnam as well as in other developing countries. Finally, the findings on land expropriation in the peri-urban areas of Vinh city also confirm that direct government intervention through land expropriation in developing countries, with low compensation and lack of alternative vocational training, undermines farmers’ livelihoods and threatens the local food supply.

In developing countries, land management, government intervention in peri-urban land, and the striking decline of agricultural land have all affected farmers’ livelihoods and the capacity of locally supplied food for ever-growing cities. A growing body of literature has focused on the exploration of these issues in rural areas, which are believed to be the backbone of the national agriculture economy, and in peri-urban areas of large cities, which have experienced extreme changes during recent decades. But the issues are also relevant to peri-urban mid-sized cities where urbanization is in a different phase compared to the above areas. This study examines the main changes underway in the agrarian transition of peri-urban areas of Vinh city, a mid-sized city in the North Central Coast region of Vietnam. Vinh was chosen given its unique position in transforming from a mid-sized to a large city. This study explores the dynamics of agricultural production, and the role of the Vinh government in mediating urbanization and its impacts on farmers’ livelihoods. In order to attain the objectives, interviews with local leaders, and a survey with farmers were conducted, and a GIS database was also developed. The findings regarding agricultural production in the case study demonstrate that this mid-sized city, in the early phase of development, manifests itself as a duplicate of larger cities, escalating the threat of food accessibility from local sources. Duplication is in the sense that the peri-urban population in Vinh still depends largely on agriculture with a shift to commercial agriculture with higher value products despite the shrinkage of agricultural land. Agricultural production primarily uses manual family labor, and traditional products are substantially subsistent. Compared to larger cities, post-production activities (including processing, packaging, marketing, and delivery) and the organization of the agrofood supply chain in Vinh are underdeveloped due to minimum support from local and outside agencies. The case study confirms that as general trend in developing countries, Vietnam’s land policies favor the expropriation of agricultural land for industrialization and modernization. The findings also demonstrate the heterogeneity of land administration in Vietnam, structured from the ‘bottom-up’ mechanism, through which Vinh’s local authorities have the prerogative to not issue land use right certificates of agricultural land despite the national policy. This has occurred in order to control land markets to satisfy the city’s goal of transforming to an independent municipality. The situation is perpetuated by the absence of agricultural land legislations in a peri-urban context while contemporary legislation has been developed to address the rural areas because of their importance in the national agriculture economy. This is an issue for land management in Vietnam as well as in other developing countries. Finally, the findings on land expropriation in the peri-urban areas of Vinh city also confirm that direct government intervention through land expropriation in developing countries, with low compensation and lack of alternative vocational training, undermines farmers’ livelihoods and threatens the local food supply.

2013年9月1日起，土地徵收將改採「市價」作為地價補償之基準， 期以實現土地之「公平正義」。在文獻回顧中，本文歸納合理的徵收補償為在符合現行法令下，交易市場中最可能的價格。即不論由時間軸，亦或地區範圍軸作觀察，都應為合理之價格，不存在非正常上漲之情形。 本文蒐集2011年至2013年桃園航空城範圍內外之成交案例，運用獨立樣本t檢定，分析範圍內之成交價格是否會受到其開發計畫之影響。研究結果顯示，無論是區分範圍內外，抑或從土地使用分區或分季觀察，範圍內之平均成交價格皆受到航空城計畫之影響，與範圍外相同用地之成交價格，呈現非常顯著之差異。 若依據現行的土地徵收補償市價查估辦法，在限制案例蒐集時間下，估算補償價格時無法避免參考非正常上漲之成交價格；此外，將收益法視為配角，亦會導致當比較法之估算價格有所偏頗時，無法由收益法作為權衡，合理的估算補償價格。 / From September 1st on , the government changed to adopt market value as expropriation compensation, in order to practice justice of land. In Literature Reviews, this paper generalize the definition of reasonable expropriation compensation is the most probable price in the market according to current law. In other words , this reasonable price can not rise sharply through the aspect of time and region. This paper collected the transaction price of Taoyuan Air City from 2011 to 2013, then using independent t-test to analyze that will Taoyuan Air City have impact on the transaction price. The empirical results showed that whether from the inside or outside of Taoyuan Air City or zoning or observation from different period, the transaction price must be influenced by Taoyuan Air City, resulting in manifest difference between the inside transaction price and the outside transaction price. Under the limited time of collecting market cases, the government can not avoid estimating unreasonable expropriation compensation according to the current law; Besides, the Income Capitalization Approach is treated as a supporting role which would lead to unreasonable expropriation compensation because of unbalanced prices.