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The British bank nationalizations: an international law perspective

Calamita, N Jansen (2009) The British bank nationalizations: an international law perspective. International and Comparative Law Quarterly, 58 (1). pp. 119-149.

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URL of Published Version: http://journals.cambridge.org/action/displayFulltext?type=1&fid=3802508&jid=&volumeId=&issueId=&aid=3802500

Identification Number/DOI: 10.1017/S0020589308000936

The British Government's nationalization of the shares of Northern Rock plc and Bradford & Bingley plc in 2008 raises important issues about the standard of protection owed to the banks' non-UK investors and the manner in which compensation should be calculated. The United Kingdom is party to numerous bilateral investment treaties as well as the European Convention on Human Rights, which adopt an international standard of protection for foreign investors and require the payment of ‘market value’ compensation for the property taken. As the analysis in this article shows, the compensation scheme established by the British Government appears to fall short of these obligations.

Type of Work:Article
Date:January 2009 (Publication)
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:Law
Subjects:K Law (General)
Institution:University of Birmingham
Copyright Holders:British Institute of International and Comparative Law
ID Code:444
Refereed:YES
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