LGST 219 - Class 22 Notes

LGST 219 - Class 22 Notes - CLASS 22 (Nov 30): Compensation...

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CLASS 22 (Nov 30): Compensation 1] Compensation under International law – there is no standard 2] Is compensation covered under international law or domestic law? a. If it is covered, what is the level of compensation required? b. Capital exporting countries say that compensation is covered by international law. They are the richer countries. c. Capital importing countries say that compensation is not covered under international law. They are the poorer countries. 3] These attitudes are tied to politics and as politics and they tend to shift. 4] We have UN General assembly voting, important arbitration decisions, bilateral investment treaties, country positions and NAFTA, all of which have standards on compensation a. However, UN resolutions are not treaties. b. International arbitration does not set binding precedents. But it may have pervasive authority. c. Bilateral Investment Treaties and NAFTA also set standards for compensation 5] The U.S. espouses the Hull standard for compensation , which says that international law requires: (a.i) Prompt (a.ii) Effective - in currency that has value (a.iii) Adequate - fully compensated 6] NAFTA uses the Hull standard . 7] UN resolutions have an enormous variation. a. They may say that international law requires full compensation b. Or that international law does not cover the issue compensation. c. Depends on which resolution you see as more authoritative. 8] UN 1962 resolution, paragraph 4, calls for appropriate compensation under international law. a. The U.S. position is that the appropriate standard is the Hull standard, full compensation. b. But this language is not in the text of the resolution and this is just the U.S.’s interpretation. It thinks this is the “appropriate” level, similar to the Hull Standard.
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c. But prompt, effective, and adequate are not explicitly in the text of the 1962 resolution. d. The U.S. view that compensation is the Hull Standard’s equivalent has been rejected. 9] Appropriate means that owner be paid compensation that is specific to context of the case a. This view is more fact-based, not a legal standard. 10] It might be appropriate to have compensation from the companies themselves instead of from the host country when the company has been exploiting the natural resources of the country. 11] 1974 NIEO Charter , adopted by the UN General Assembly, says that host countries should decide compensation under domestic law. a. There is no mention of an obligation to pay compensation for alien-owned property.
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This note was uploaded on 01/11/2012 for the course LGST 219 taught by Professor Anne.mayer during the Fall '11 term at UPenn.

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LGST 219 - Class 22 Notes - CLASS 22 (Nov 30): Compensation...

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