International claims - expropriation - standard of compensation - prompt, adequate and effective versus appropriate compensation
Article Abstract:
The Iran-United States Claims Tribunal declared in the case of Ebrahimi v. Iran that the standard of compensation for expropriation is 'appropriate' rather than 'prompt, adequate and effective' compensation. The tribunal found that the Gostaresh Maskan Co. had been expropriated by the government of Iran, but deducted from the net asset value for 'negative good-will,' citing the changed circumstances following the Islamic Revolution. However, the decision failed to consider existing treaties or other international tribunal awards and was inconsistent with the principle that the effects of expropriation do not affect the value of the expropriated property.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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In 'Titanic' case, IP and admiralty laws collide
Article Abstract:
The case of R.M.S. Titanic, Inc. v. The Titanic, with an appeal pending in the US Court of Appeals for the 4th Circuit, involves both admiralty and intellectual property law and comes before the federal court due to its maritime jurisdiction. The district court applied doctrines drawn from both the maritime law of salvage and intellectual property law and ruled that control of access to the ship and its images was a property right. In the original case a deep sea exploration firm sought to prevent an adventure travel outfit's access to the shipwreck. Marine archaeologists are other parties who might at some point want access.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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