Melbourne Law School - Theses

Permanent URI for this collection

Now showing 1 - 1 of 1

Nationalisation in the conflict of laws : a comparative study

Karkar, John Hanna ( 1977)

The nationalisation of private property has never been merely an abstract problem of jurisprudence. Its reality is growing in a world undergoing a dynamic socio-economic evolution. In the absence of binding treaty obligations and effective international machinery to deal with the problems arising from nationalisation, the subject assumes ever-increasing importance both in public and private international law. This study deals primarily with the problems raised by nationalisation in the conflict of laws. While the treatment of nationalisation in public international law can boast of a prolific literature, the same cannot be said as regards private international law. Furthermore, this study draws extensively on comparative law. It. is hoped that such a comparative analysis might provide greater insight into the problems presented by nationalisation of private property. The right to nationalise private property has been the subject of considerable political controversy in recent years, In this study an attempt has been made to avoid pure political debate and to deal primarily with the legal aspects of nationalisation in conflicts law. But it is clear that law, if it is to be useful, must be socially relevant. This study, therefore, does not proceed from a narrow technical outlook, but endeavours to provide a synthesis of historical, political, economic and legal elements.