Please use this identifier to cite or link to this item:
https://www.um.edu.mt/library/oar/handle/123456789/62048
Title: | Criteria for expropriation compensation revisited : an assessment in the light of recent developments |
Authors: | Weerden, Cynthia van der |
Keywords: | Eminent domain -- Malta Land use -- Law and legislation -- Malta Land tenure -- Law and legislation -- Malta Emphyteusis -- Malta Compensation (Law) -- Malta Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) Human rights -- Europe European Court of Human Rights |
Issue Date: | 2008 |
Citation: | Weerden, C. van der (2008). Criteria for expropriation compensation revisited: an assessment in the light of recent developments (Master's dissertation). |
Abstract: | Payment of compensation is common to all States governed by the rule of law. It is this same payment of compensation which distinguishes expropriation from confiscation. However, this requirement has also given rise to great legal battles. Therefore, over the years it has achieved great practical importance and has become more attractive to academics. Ultimately, what compensation is depends much on the wording of the relative laws and also on the interpretation given to it by the judicial organs. Therefore, in this thesis, the writer has embarked on a thorough examination of the compensation criteria enshrined in the Land Acquisition (Public Purposes) Ordinance. This was done in the light of the standards established by the European Court on Human Rights in its interpretation of the relevant Articles of the European Convention on Human Rights and Fundamental Freedoms. The recent amendments brought about by Act I and III of 2006 have also been examined and criticized. The aim is to determine whether the level of proportionality between the State's right to expropriate property for a public purpose/interest and the landowner's right to adequate and fair compensation within a reasonable time has been maintained. |
Description: | LL.D. |
URI: | https://www.um.edu.mt/library/oar/handle/123456789/62048 |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
Files in This Item:
File | Description | Size | Format | |
---|---|---|---|---|
Weerden_Cynthia_van_der_Criteria for Expropriation Compensation Revisited- an assessment in the light of recent developments.pdf Restricted Access | 5.58 MB | Adobe PDF | View/Open Request a copy |
Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.