Jump to ContentJump to Main Navigation
Property and the Law in Energy and Natural Resources$
Users without a subscription are not able to see the full content.

Aileen McHarg, Barry Barton, Adrian Bradbrook, and Lee Godden

Print publication date: 2010

Print ISBN-13: 9780199579853

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199579853.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 22 March 2019

Eminent Domain and Regulatory Changes

Eminent Domain and Regulatory Changes

(p.281) 15 Eminent Domain and Regulatory Changes
Property and the Law in Energy and Natural Resources

Luis Erize

Oxford University Press

The concept of eminent domain is defined more as an emanation of public powers than as an outright property right, referring thus to the authority of the Sovereign to legislate and to set forth rules applicable to the private parties. The two main issues that appear constantly in this sector are: (i) the Sovereign rights and authority over underground natural resources (eminent domain) versus the acquired rights (and thus, property rights) by holders of title to exploit such resources (with respect to reserves, as well as to the hydrocarbons produced); and (ii) the limits to regulatory powers, especially facing what is now being invoked as a state of necessity, whether as an exception to international law standards' enforcement or as a modification of the latter. The nature of the eminent domain is affirmed in Argentina's Hydrocarbons Law and in its Constitution, which refers to it as dominio originario in the new section 124. This chapter analyses the past, present and future of Argentine regulations in the light of the dialectic interplay between state intervention policies and private business initiative. It also describes the new scenarios resulting from these changes.

Keywords:   property ownership, natural resources, property law, Argentina, petroleum resources

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .