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Nationalization of U.S. Companies in Foreign Countries

ower of the less-developed host state (Schaffer, Earle, and August 453-454).

In this century, however, the modern traditional theory developed and held that the sovereign had the right to nationalize foreign-owned property, though conditions were placed on the exercise of that right, which must be:

2) nondiscriminatory, or not directed specifically against a foreign person; and

3) accompanied by prompt, adequate, and effective compensation.

This means that a sovereign is not to take property for harassment, personal aggrandizement, or other nonpublic purposes and cannot target the property of one nationality in a discriminatory fashion. It also means that compensation is to be paid, which means fair market value (including future earnings and intangibles) in a prompt and effective manner (Schaffer, Earle and August 455-456).

Nationalization is a process that is bound with a number of political and nationalistic forces. Sovereignty gives a country complete control within a given geographic area, including the ability to pass laws and regulations the power to use necessary enforcement. Governments often see sovereignty as a key to reaching the goal of self-preservation. Subsidiaries, or branch offices, of international companies are substantially controlled or influenced by decisions made in headquarters, beyond the physical or legal control of the host government. Because of th

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Nationalization of U.S. Companies in Foreign Countries. (1969, December 31). In LotsofEssays.com. Retrieved 17:10, May 01, 2024, from https://www.lotsofessays.com/viewpaper/1702731.html