ensure the conservation and protection of natural resources and the environment , including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban; Id . art. 8.4.2(a) (emphasis added).
Similarly, for the purposes of Section D of CETA (Investment Protection), Id . arts. 8.9-8.14. which includes the provisions for fair and equitable treatment, compensation, expropriation, transfers and subrogation, Id . arts. 8.10-8.14 respectively. a clarification is included at the beginning of the section:
property than someone else’s, which is why the tort law is imposed for harms on strangers but never for self-inflicted losses.
Ideally, therefore, these habitat conservation cases should always come out in the opposite direction under a rule that requires the government to pay for such restrictions. Under the current regime, however, landowners know that the government can swoop in at any moment and freeze land development due to environmental concerns. This fear of future, uncompensated restrictions creates a powerful incentive for individuals to proactively destroy
health” and measures “related to the conservation of living or nonliving exhaustible natural resources”, TPP, supra note 24, art. 9.10.3(d)(ii), (iii). no general set of exceptions analogous to that in Article XX of the WTO’s General Agreement on Tariffs and Trade (GATT) 1994 GATT, Doc LT/UR/A-1/A/1/GATT/2, signed Oct. 30, 1947, as incorporated in the Marrakesh Agreement Establishing the World Trade Organization, annex 1A, opened for signature Apr. 15, 1994, entered into force Jan. 1, 1995, 1867 U.N.T.S, 3. applies to the TPP investment chapter as a whole.
from 1.1.2014. Bratislava: ÚGKK SR. ISBN 9788085672985. [cit. 2014-05-14] Available at: http://www. skgeodesy.sk/files/slovensky/ugkk/kataster-nehnutelnosti/ sumarne-udaje-katastra-podnom-fonde/statisticka-rocenka-2013.pdf.
8. Act No. 220/2004 Coll., on the conservation and use of agricul- tural land, amending the Act No. 245/2003 Coll. on integrated pollution prevention and control, amending and supplementing of certain acts, as amended.
9. Government Regulation No. 488/2010 Coll., on the conditions for granting support in the form of direct payments to
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2. EUROPEAN COMMISSION. 2010. The CAP towards 2020: meeting the food, natural resources and territorial challenges of the future, 18/11/2010 COM/2010/0672 fi nal, Brussels.
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2. Act No. 597/2006 Coll. on the authority of state administration bodies in the area of plant varieties registration and introduction of plant reproduction material to the market.
3. BATÁRY, P. et al. 2015. The role of agri–environment schemes in conservation and environmental management. Conservation Biology. DOI: 10.1111/cobi.12536. [cit. 2015–10–26]. Available online: http://onlinelibrary.wiley.com/doi/10.1111/cobi.12536/full .
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Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (the Birds