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This article argues that concessions can serve as a useful tool for managing protest. In the face of nonrevolutionary protest, concessions may represent a useful option for getting protesters out of the streets. This article theorizes that, in high-capacity states, actors involved in the process of managing protest are more varied and more capable, making the use of concessions, especially relatively cheap ones, more likely. The article then tests the theory using original event-level data on Mexican protests and responses, and leverages subnational variation in state capacity. It finds that higher levels of capacity are associated with a higher likelihood of concessions in response to protest. This finding represents an important distinction between the management of everyday protests and revolutionary ones, in which concessions are associated with state weakness. [ABSTRACT FROM AUTHOR]

This article evaluates the objectives of the legal framework on public procurement in the European Union and assesses its contribution to the internal market. The author provides for a critical analysis of the evolution of the public procurement acquis, which reveals an environment occupied with conceptual and regulatory interfaces, exhibiting advanced interoperability with legal systems of Member States and faced with continuous market-driven modality changes in awarding and financing public contracts for the delivery of public services. [ABSTRACT FROM AUTHOR]

The article based on legislative acts of Soviet Russia and unpublished sources of the State Archive of the Arkhangelsk Oblast, describes the features of incorporation of Russangloles, Russhollandoles and Russnorvegoles joint-stock companies, operating in the North of Russia in the 1920s. The article analyzes the Standard Agreement on Timber Concessions (1922), which was used by the Soviet state and foreign entrepreneurs in the process of drafting concession agreements in the timber industry and the Scheme for Constructing a Standard Agreement on Timber Concession. The study of these sources allows reconstructing the principle of forming contracts contributing to Russangloles, Russhollandoles and Russnorvegoles functioning.

Concessions and public-private partnerships are contractual agreements that are characterised by their high value, complexity, and long-term nature. The key elements of these agreements include granting the concessionaire the right to utilise and benefit from the works or services, transferring to the concessionaire the economic risk associated with the potential failure to recover operating costs and investments, and incorporating payment mechanisms that involve contributions from end users. The EU Member States have implemented the 2014 Concessions Directive using a framework that incorporates many similar techniques seen in domestic systems of EU Member States. [ABSTRACT FROM AUTHOR]

Directive 2014/23/EU of the European Parliament and the Council of 26 February 2014 on the award of concession contracts has significantly altered the legal nature of concessions within the European Union. A concession is now simply defined as a contractual form. Furthermore, the Concession Directive provides the freedom for member states to independently determine the services they consider to be of general economic interest, including the methods of their organisation and funding, in accordance with EU law. The Directive grants extensive powers to member states to regulate concessionary relationships under national law; thus, the Republic of Croatia has addressed this issue with the Concessions Act of 2017. Typically, a concessionaire pays a fee upon receipt of a concession, which may be monetary or may include the transfer of ownership over constructed facilities upon the concession’s expiration. However, a pertinent research question arises – how should public interest be addressed when a feasibility study indicates that an activity via concession is non-commercial? For example, certain activities that are commercial in major European ports might not be commercial in smaller Croatian ports. The Croatian Law on Concessions allows, as an exception, concessions without the payment of a concession fee – yet such an exception is legally and politically very sensitive and must be adequately justified. This article aims to investigate the conditions and justifications for awarding concessions without a concession fee, focusing on the implications for smaller ports in Croatia. [ABSTRACT FROM AUTHOR]

The sustainable management of resources is part of the strategic objectives of the European economic policy for the transition from a linear to a circular economy. One of its aspects, at the national level, is the protection of deposits of underground wealth and mineral waters on the territory of the Republic of Bulgaria from depletion and improper exploitation. The purpose of the article is to present the main requirements for the users of this type of natural resources when granting concessions by the state, in order to determine whether there are mechanisms for achieving sustainability in their management. By studying the current legislation and analyzing data from the National Concession Register, the most frequently used practices for sustainable management of these valuable resources used for economic purposes are presented: establishment of environmental requirements; limiting the rights to extract and exploit the deposits to predetermined limits and volumes, for a certain period of time; requirements for preparation of work plans, reports and reporting documentation; delivery of the concession object in a condition suitable for subsequent operation; requirements for reclamation, enhanced administrative control, which covers the entire project cycle of realization of investments in the extraction of this type of resources, etc. As a result of the study, the article formulates recommendations for expanding the sustainability requirements and strengthening the control in their application. This will ensure a wider time horizon for their economic exploitation and will contribute to achieving one of the EU’s fundamental goals: to ensure suitable conditions for economic growth for future generations without resource dependence. [ABSTRACT FROM AUTHOR]

We propose a process model that examines the antecedents and consequences of bargaining concession rates with managerially relevant constructs grounded in social psychology to predict negotiation outcomes in a sales setting involving multiple issues. The situational factors of relative power, constituent's monitoring, time pressure; and dispositional factors of bargainer's personality toughness and risk-taking propensity are integrated to test the associated set of hypotheses. Our novel approach employs a fractional factorial design experiment to test the predictions of our NIMBuS solution. The results of our sophisticated bargaining experiment support our model and hypotheses and add to the literature for empirical generalizability. We find in our integrated test that concession rates tend to be lower when bargainers are in a higher relative power position, are under lower time pressure, have higher personality-toughness, or have a higher risk-taking propensity. The underpinning of economic models asserting the importance of discount rates for concession-making does not hold. Our results indicate that the cost-prohibitive mechanism of organizational monitoring of salespeople may not be needed. Importantly, under asymmetric bargaining power situations, our model predicts actual outcomes better than the Nash solution. The critical importance of integrating social-psychological factors to understand the bargaining process and improve predicted outcomes is underscored. [ABSTRACT FROM AUTHOR]

This article addresses the shift of power that occurred in Ottoman Damascus as a result of the establishment of its electricity and tramway network that started operating in 1907. The company, which ought to have been public, in the ownership of Ottoman-Syrian investors, ended up being owned by a Belgian consortium. The central argument in the article is that the Damascene elite families rationally refrained from the risk of establishing the Electricity Company but paid the price of losing control over power and light in the city. An informal network of Ottoman officials and Belgian businessmen, led by the second secretary of Sultan Abdülhamid II, the Damascene İzzet Pasha, orchestrated the buyout. Therefore, Damascus's encounter with its first electric grid, which was naturally complex in the first place, was also subjected to the tensions of outsourcing a local-municipal power to an external network that the Central Ottoman Government imposed. This article is an outcome of research on the electrification of Damascus, based on the papers of the Ottoman Ministry of Public Works from the Ottoman Archive and the company's records from Belgium's National Archive, the Ottoman-Syrian press, and the British and American consulates' archives. [ABSTRACT FROM AUTHOR]

Autocrats typically respond with coercion when citizens take to the streets demanding political reform. Sometimes, however, they tolerate mass protests and even give in to protesters' demands. While the effect of coercion on mobilization is well-studied, we know less about the role of concession-making. We argue that accommodating demands is rarely an effective strategy in demobilizing opposition movements. Authoritarian rulers are usually neither willing nor able to fully address protesters' dynamic demands, nor can they offer credible commitments. We conduct a quantitative analysis using multiple cross-national data sets to empirically assess the relationship between concessions by the government and subsequent mass mobilization. By analyzing protest events in temporal and spatial proximity, we estimate the effect of making concessions on protest mobilization at the subnational level in 18 autocracies from 1991 to 2012. Our results indicate that concessions are associated with a significant and substantive increase in subsequent protest activity. [ABSTRACT FROM AUTHOR]

Copyright of Psychological Science is the property of Psychological Science Editorial Office and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of GeSec: Revista de Gestao e Secretariado is the property of Sindicato das Secretarias e Secretarios do Estado de Sao Paulo (SINSESP) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the experience of the concession policy implementation by the RSFSR and the USSR during the 20s of the twentieth century and the approaches used in its framework, which allowed solving simultaneously a wide range of tasks related to the rise of the domestic economy and overcoming foreign policy isolation. This experience of the Soviet state can be used to solve the challenges the Russian Federation is facing today. The authors substantiate that the concession policy of the Soviet state was a rationally constructed mechanism able to solve a number of tasks. 1) Creation of foreign concessions in the Soviet country contributed to withdrawal from the diplomatic blockade declared by Western countries. 2) Through the concession policy the obligations of the Russian Empire to foreign investors were renewed in the conditions of a socialist economy. 3) By creating concessions the Soviet government headed by V.I. Lenin attracted the material and technological resources of the European countries and the USA for the development of the economy of the Soviet country. 4) At concession enterprises models of industrial relations with a high level of labor organization and living conditions of workers were formed at the expense of foreign investors, which then had to be introduced everywhere. 5) The concession policy covered the national suburbs and contributed to unification of the economic potential of the republics as part of the USSR. The analysis of the legal regulation of concession relationships carried out in this article gives reason to suppose that the concession policy of the Soviet state should not be reduced to the NEP because its implementation started earlier. In fact, it was launched with the adoption of the Decree of the Council of People’s Commissars of November 23, 1920 On General Economic and Legal Conditions for Concessions and within its framework a range of tasks that went far beyond the economic recovery envisaged by the NEP through private law principles was solved. Attention should also be paid to the constitutional nature of the regulation of concession legal relations, which was determined by the “Treaty on the USSR Foundation of 1922” and the Constitution of 1924.

As one of the most controversial historical figures in modern Chinese history, Yuan Shikai has attracted considerable scholarly attention in recent decades. While Yuan's diplomatic activity during his presidency of the early Republican era has been well studied, his earlier diplomatic activity during the late Qing period has not received much scholarly discussions in the English-language historiography. This article examines how Yuan negotiated with various imperialist powers over the restoration of Tianjin, as well as over the creation of foreign concessions in the city, at the turn of the twentieth century. It reveals Yuan's distinctive diplomatic strategies while highlighting his way of positioning himself at the intersection of multiple nodes of power. It argues that Yuan Shikai's diplomatic maneuvering played an indispensable role in the transformation of Tianjin from a city governed by a colonial administration to a Chinese city with multiple foreign concessions. [ABSTRACT FROM AUTHOR]

This study uses quasi-random variation in the implementation of the Federal Highway Concession Program in Brazil to examine the impact of improved access on regional economic development. The survey analyzed data from municipalities between 2007 and 2017, employing the difference-in-differences methodology with staggered adoption. The results suggest that the program contributed to a reduction in the number of fatal accidents and an increase in tax collection for municipalities crossed by the road concessions. However, the results for GDP and GDP of the services sector varied in terms of the initial year of concession, the accumulated concession time, and the calendar year. Locations that spent more time in the concessions had a positive return on GDP, while the effect of participation in the program on GDP was negative for groups treated later. The conclusions of this study have important practical implications for managers seeking to implement, expand or refine road concession policies. • Examines the impact of road concessions on the development of small municipalities. • Adopts the difference-in-differences method with staggered adoption. • The concessions have increased tax collection and improved road quality. • The GDP effect depends on concessions' initial year and accumulated time. [ABSTRACT FROM AUTHOR]

Copyright of Bylye Gody is the property of Cherkas Global University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Recent scholarship has emphasized the importance of extractive zones and enclaves in contemporary capitalism. This article seeks to understand the form of authority within these zones. To do so, it charts a brief genealogy of the concession, the reciprocal agreements entered into by states and companies that govern many extractive enclaves. Because concessions have a long, convoluted, and underexamined history, they are an ideal object for examining the shifting configurations of law, sovereignty, property, and government that undergird contemporary extraction. Neither simply public law nor private right, concessions are a unique legal form designed to produce nonsystematic and exceptional legal spaces that remain central to capitalist societies today. [ABSTRACT FROM AUTHOR]

This scientific paper discusses the legal protection of concession contracts in Slovene law. The main objective is to identify the problems caused by the current regime and to propose some solutions. To achieve this aim, it relies in particular on the comparative and dogmatic research method. The author notes that the legal protection depends on the type and value of the concession: for concessions falling within the scope of Directive 2014/23/EU it is provided in accordance with the rules of the EU directives on legal protection, while other concessions are subject to the rules of national law. Legal protection also varies depending on whether the dispute falls under administrative or civil law: public-law disputes are usually decided by administrative courts and civil-law disputes by ordinary courts. Such a regime may interfere with the right to effective judicial protection, as there is often no clear dividing line between public and private law protection. This can lead to delegation of cases between different authorities and a prolonged decision-making process. The author therefore considers that all disputes relating to concession contracts should be decided by one court – the Administrative Court. In addition, it is necessary to establish mechanisms to ensure effective protection of non-selected tenders, as the current regime does not provide for such protection. The novelty of the presented research lies in the fact that no scientific papers deal with the covered issues published so far. The author believes that the paper has a cognitive value for both science and practice.

This study aimed to provide a comprehensive analysis of the More Light for Amazon (MLA) program by examining the roles played by each stakeholder involved in the concession process and identifying the limitations faced for program success. The research employed a content analysis methodology, analyzing a variety of documents, including the Program Operational Manual, Commitment Terms, news articles and concessionaires' notes. The findings reveal the crucial role of the government as an inducer of actions, establishing objectives and guiding norms for the private sector. Conversely, concessionaires assume the role of program implementers but encounter specific limitations in remote locations that challenge the provision and maintenance of the electrical system in beneficiary communities. The implementation of microgrid systems through concessions enhances coordination and integration between generation and distribution services, allowing for increased government control and ensuring transparency, efficiency and program effectiveness. These identified elements represent significant challenges for the implementation of public policies in remote regions of the Amazon. Overcoming these challenges will require coordinated and strategic actions involving both the government and concessionaires to ensure the complete fulfillment of energy needs in MLA program beneficiary communities. [ABSTRACT FROM AUTHOR]

The maritime domain in the Republic of Croatia has a special legal status – it represents a common good, res extra commercium, so it is outside the ownership regime and is managed by the Republic of Croatia according to special regulations. Such a definition of maritime domain, which includes the sea coast, has great consequences for its overall use, protection and economic activities, which must be performed on the maritime domain under special regulations based on a concession or concession approval. Although the demarcation of the maritime domain in the field is extremely important, in practice it is extremely slow and is done only upon request – which leads to serous legal uncertainty. For more than 30 years since its independence, the Republic of Croatia has not had a precisely defined border to its maritime domain. Therefore, the existing model for determining the boundary of the maritime domain on the ground needs to be modernised and a goal must be set – determining the boundary of the maritime domain on the entire Croatian coast, which would not only legally harmonise the situation, but also increase legal certainty. The existing literature on the maritime domain speaks of the legal nature of the maritime domain, border demarcation, economic use, and other aspects, but not enough is written about the organisational and procedural preconditions for extensive work to be done on delimiting the maritime domain in the Croatian Adriatic.

This article highlights the marks left on international law by Iran's and Algeria's early, and mid-20th century paths to re-claiming sovereignty over their petroleum reserves. It shows that Iran has significantly affected the contractual model of petroleum operations, whereas Algeria has championed the international law turn of third world internationalism. It thus hopes to shift attention from the frequently cited non-consequentialism of key moments in Third World Internationalism, such as Bandung and the NIEO to the significance of these domestic and transnational processes. While so doing, it is careful to point to the extraordinary bargaining power given to petro-states by the fossil-fuel dependent global economy, which elevated their influence in global affairs over that of other states in the Global South. [ABSTRACT FROM AUTHOR]

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Copyright of WISTA Wirtschaft und Statistik is the property of Statistisches Bundesamt and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper essentially aims to identify coastal sites of great scenic value not (or barely) affected by human intrusions and propose sound management interventions to improve their landscape quality. Today, management of coastal areas in Italy is a very complex task essentially because of institutional fragmentation and overlapping of laws/regulations at the national, regional and municipal levels. It is estimated that only half of the country's beaches are freely accessible and usable for bathing, i.e., 43% are occupied by private concessions and in 7.2% bathing is not allowed because of water pollution. Sites' scenic quality was assessed using the Coastal Scenic Evaluation System (CSES), a robust semi-quantitative methodology based on a set of 26 physical/human parameters, weighting matrices parameters and fuzzy logic mathematics. An evaluation index (D) was afterward obtained for each site and used to classify them into five scenic classes. After a long process of field testing along the coasts of the Tyrrhenian, Ionic and Adriatic seas (25 municipalities, 7 provinces and 4 regions: Campania, Basilicata, Calabria and Apulia), a total of 36 sites were selected for this paper. Twenty-four sites fall within Class I, i.e., were extremely attractive (D ≥ 0.85; CSES) because of their exceptional geomorphological settings that favour a wide variety of coastal sceneries. Most of Class II (8) and Class III (4) sites could be upgraded by implementing clean-up operations or by reducing intrusive beach facilities. Meanwhile "private" beaches are usually cleaned; beach litter at remote/public sites represents a big concern to be challenged. Today, finding a free/aesthetic/clean beach without human intrusions in a fully natural environment is far more complex than it seems. Given this context, emphasis was particularly placed on beach litter and concessions aspects. [ABSTRACT FROM AUTHOR]

The role of modal infrastructure in economic growth is under constant debate among policymakers. This work aims to evaluate the effect of road concessions on the economic growth of Santa Catarina from 2007 to 2018. To achieve this goal, the model of differences in differences was used in its traditional and spatial version. In general, in the fixed effect estimates, the results showed that there is a positive effect of concessions on the GDP per capita of the municipalities and that there is a positive spillover effect mainly in the period from 2014 to 2016. These results may indicate that the improvement in infrastructure reduces the cost of transport, which facilitates labor mobility, generating agglomeration economies in more developed cities, given that the municipalities that received the concessional stretches are in regions with higher GDP per capita. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The progress of Russian–Japanese negotiations in 1903–1904 is covered; the positions of the parties are analyzed; , the reasons for the intransigence of the Japanese side in the negotiations on the conclusion of a new agreement are examined; and the reaction in the ruling spheres of Russia to the amendments of the Japanese government to the Russian text of the agreement and the nature of Russian–Korean relations on the eve of the Russo–Japanese War are studied. The author focuses on Japan's responsibility for starting the war, showing Japan's aggressive policy in Korea. The essence of the Japanese proposals, tantamount to a demand from the Russian government for the formal recognition of Japan's protectorate over Korea, is analyzed; attempts by Japanese representatives in Seoul to intimidate the Korean Emperor Gojong and impose an agreement on the appointment of a Japanese resident in Seoul to manage domestic and foreign policy to ensure the "moral right" to establish its undivided dominance on the Korean Peninsula and the request of the Korean emperor for the protection and patronage of Russia are shown, the position of the Russian side during the negotiations, based on the preference to continue negotiations with Japan to avoid an armed clash, its perception and evaluation are studied. The article is based on newly discovered archival materials and published sources. Their study indicates that Russian diplomacy showed great pliability, seeking to delay the aggravation of a military conflict. By the final period of the negotiations, the Russian side had agreed to meet Japan halfway on almost all points concerning the Korean issue, seeking only to preserve the mutual obligation to respect the independence, territorial integrity, and inviolability of the Korean Empire. [ABSTRACT FROM AUTHOR]

The article is devoted to the institution of tax incentives, which is currently significant important for the development of the Russian state, that is objectively determined by the essence of tax incentives, which consists in intensifying the legal behavior of subjects of specific relations. Based on the analysis of the theoretical and legal foundations of tax benefits, the author developed a definition of tax incentives, highlighted its stages, analyzed the problems of legal regulation of the institution being considered, as well as legal means to increase the effectiveness of tax benefits.The purpose of the study. Analysis of legal regulation and practice of applying tax incentives in the Russian Federation, identifying existing problems, as well as formulating proposals of a theoretical and practical nature to improve the current tax legislation governing the institution of tax incentives in the Russian Federation. Research methods. The research was carried out through the use of a complex of general scientific methods (analysis and synthesis, deduction and induction, logical method, system analysis, etc.) and private scientific (special legal) methods. The main research method was the formal legal method, which made it possible to identify gaps in the legal regulation of the process of tax incentives in Russia and to formulate proposals for supplementing and changing certain regulatory provisions of tax legislation.Main scientific results. As a result of a comprehensive analysis of the legal regulation of the institution of tax benefits in Russia, theoretical provisions were formulated and substantiated, revealing the specifics of the content and essence of tax incentives, taking into account the current state of development of the national and world economy.Conclusions. The article draws conclusions about the importance of tax incentives for reforming the Russian system of taxes and fees in the context of developing the economic potential of business entities. The scientific research contains author's proposals for improving the current tax legislation in order to effectively use the institution of tax incentives in Russian practice. The obtained scientific results testify to the achievement of the set research goal.

The subject of this paper is the international legal and political framework of the right to water and relevant regulations in the Republic of Serbia, and the focus is on the state's responsibility for water management in accordance with the realization of the common good. The starting point of the paper is the position that access to water is a human right and that water can be managed only by the state and exclusively in the general interest. The first part of the paper discusses the risks of marketization, privatization and commodification of water for the realization of the right to water and the protection of this vital natural and strategic resource. The second part summarizes the activities of the United Nations related to the recognition of the right to water as a basic human right and the obligations of states in this sense. The third part analyses the normative and strategic framework of the Republic of Serbia in this area from the perspective of the right to water and responsible state management. Deficiencies in terms of the compliance with international human rights standards and the risks that the current regulation can produce for the population, water resources and the state are pointed out. No effective instruments have been envisaged for the protection of water from pollution, nor against commodification and marketization, while the privatization of water and public companies in this area threatens the sovereignty of the state over its natural resources. The goal of the paper is to point out the importance of establishing national regulations that will ensure sovereign and responsible management of water resources and protection of the right to water.

El treball analitza el model institucional dissenyat específicament per executar el Pla de recuperació, transformació i resiliència, a partir del Reial decret llei 36/2020, de 30 de desembre, pel qual s’aproven mesures urgents per a la modernització de l’Administració pública i per a l’execució del Pla esmentat, amb especial atenció a les diverses formes i instruments de col·laboració publicoprivada, tant de nova creació (projectes estratègics per a la recuperació i transformació econòmica), com preexistents (consorcis, societats mixtes), així com al paper especialment rellevant reservat a les subvencions. L’examen del dret positiu i dels diferents programes instrumentats mostra com les eines típiques de l’activitat de foment es configuren com el component principal d’aquesta col·laboració publicoprivada, amb una gran versatilitat per encarrilar els fons públics i privats i organitzar la cooperació entre empreses i entre centres de recerca, en contrast amb les limitacions que presenta l’actual configuració de la contractació pública com a motor de la recuperació econòmica.

The issues of the Soviet-German confrontation in Iran in the second half of the 30s are considered. The relevance of the study is due to the exacerbation in the last decades of the scientific dispute about the reasons for the occupation of Iran during the Second World War by the Soviet Union and Great Britain. The novelty of the research is associated with the introduction into scientific circulation of archival sources on the topic previously inaccessible to researchers, allowing them to more deeply explore the issues raised. The author proves that Hitler’s Germany on the eve of World War II strongly pressed the USSR, Great Britain and other European countries in the economy, politics and information and propaganda spheres of Iran. According to the results of the study, it is concluded that the loss of positions in Iran by Moscow and London caused the Soviet Union and Great Britain to strive for revenge and became the leading motive for the introduction of troops and the occupation of Iran in 1941, after the German attack on the USSR. It is argued that the occupation of the northern part of Iran for the Soviet Union was primarily a situation of restoring previously lost positions, which made it possible to build and try to implement new geopolitical plans.

The article examines the extent to which concessionary rights are protected under three different branches of international law; traditional customary law, the case law of the European Court of Human Rights, and arbitral practice under investment treaties. It reveals clear similarities with respect to when such rights are considered protected. However, it simultaneously argues that case law under investment treaties tends to adopt a less nuanced approach to the nature of such rights, almost invariably assuming them to constitute a kind of property. This again entails that the investor/concessionaire is seen to have a right to performance, and in effect to protection of his expectation interest. The article shows how this stands in contrast with a more nuanced perspective under the property provision of the ECHR, which better reflects the complexities of the issue under municipal law. While a failure to sufficiently respect an investor's legitimate expectations may entail liability for the state, it is not necessarily comparable to expropriation of property and will usually entail only that the investor has a right to recover his reliance loss. The article argues that this may be reflective of a more general tendency in international investment law and arbitration also pointed to by others, where the modality of protection under investment treaties threatens to distort important nuances and concerns and overprotect foreign investment compared to other private rights and interests under municipal law. [ABSTRACT FROM AUTHOR]

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Copyright of Revista do Serviço Público (Civil Service Review) is the property of Revista do Servico Publico and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)