Expropration and nationalization in developing countries with special reference to expropriations in Iran

Taleghani, Hussein (1995) Expropration and nationalization in developing countries with special reference to expropriations in Iran. PhD thesis, University of Glasgow.

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Abstract

The purpose of this thesis is to analyse and clarify the rules of expropriation in international law as are applied to developing States. Special attention has been paid to the 1952 Iranian Oil Nationalizations and the expropriation cases in post-Revolutionary Iran. The approach is to consider and analyse the problem from an international law perspective. The main thrust of the thesis is that the problem of expropriation in developing States presents an extraordinary difficulty which has caused confusion over the rules of expropriation. Emphasis has been placed on the causes of those difficulties which have troubled international lawyers for many years and created various doctrines, manifested in the divergent practices of States and judicial bodies. The study aims to identify the differences in those rules and the reasons for those differences; and to suggest an appropriate solution based on the principles of international law. The thesis is divided into four chapters: Chapter one, after a brief historical survey of the rules and practices, analyses the legal basis of the right of expropriation in international law. Sanctity of treaties and contracts, as a source of disputes between developing countries and aliens, has been discussed. Chapter two analyses the various doctrines on the rules of expropriation. The chapter deals with the conditions which developing States should fulfil in order to expropriate aliens' property according to international law. The role of international agreements in determining the differences on the rules of expropriation has also been indicated. Chapter three deals with the controversial case of the nationalization of the oil industry in Iran. After examining the legal character and validity of those measures, the reasons for all those controversies and confusions have been considered. To develop the argument, the legal problems surrounding the post-Revolution expropriations in Iran have been discussed in chapter four, and the reasons that the Iran-U.S. Claims Tribunal has not reduced the chaos in this field of international law have been given. The thesis concludes with some recommendations on how future property disputes of aliens with developing States can be avoided or solved.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Additional Information: Adviser: John P Grant
Keywords: International law
Date of Award: 1995
Depositing User: Enlighten Team
Unique ID: glathesis:1995-71804
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 17 May 2019 09:31
Last Modified: 17 May 2019 09:31
URI: http://theses.gla.ac.uk/id/eprint/71804

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