Information About

Nationalised




A key issue in nationalization is whether the private owner is properly compensated for the value of the institution. The most controversial nationalizations are those where no compensation is paid or an amount unreasonably below the likely market rate as Expropriation s. Many nationalizations through expropriation have come after Revolution s, especially Socialist ones.

The traditional Western view as to the question of compensation has been that declared by former US Secretary of State Cordell Hull , in the event of the 1938 Mexican nationalisations, that compensation should be made "prompt, effective and adequate", meaning that the nationalising state had an obligation under international law to pay the deprived party the full value of the property taken. Opposing views as regards to this has been taken mainly by developing countries, claiming that the question of compensation was a question solely up to the sovereign state to decide upon, in line with the Calvo doctrine. Communist state have held that no compensation is due, based on communist notions of private property. In 1962, the UN General Assembly adopted resolution 1803 on Permanent Sovereignty over National Resources, which states that in the event of nationalisation, the owner "shall be paid appropriate compensation in accordance with international law". This clearly establishes that at least ''some'' compensation is due, and further that the question is a matter of international law, thus denouncing both the traditional Calvo-doctrinist view, and the communist view. The amount to be paid is "appropriate" compensation, the wording representing a compromise between the traditional views, taking into account both developing countries' interests in being able to undertake reforms without being prevented from this due to lack of money for compensation, and the classical Western interests in protection of private property. The solution, then, as to the amount of compensation due, is that this will have to be assessed on a case-to-case basis in order to establish what is appropriate.

In some instances, nationalization occurs as the government seizes the corporate property of a criminal. An example is Renault , which was seized by the French government from its owners because they had collaborated with Nazi Germany .

The cost of legally buying a large business is such that many legal nationalizations have happened when firms of national importance run into trouble (close to Bankruptcy ), and could be acquired by the government for little or no money. A classic example is the UK nationalization in the 1970s of the car-maker British Leyland . At other times governments have felt it important to gain control of institutions and industries of strategic economic importance, such as banks or railways, or of important industries struggling economically. (The case of Rolls Royce Plc , nationalised in 1971, is an interesting blend of these two arguments - see below). This policy was sometimes known as ensuring government control of the "commanding heights" of the economy, to enable it to manage the economy better in terms of long-term development and medium-term stability. The extent of this policy declined in the 1980s and 1990s as governments increasingly privatized industries that had been nationalized, replacing their strategic economic influence with use of the tax system and of interest rates.

Nonetheless, national and local government has seen the advantage of keeping key strategic assets in institutions that are not strongly profit driven, can raise funds outside the public-sector constraints, but retain some public accountability. Examples from the last five years in the United Kingdom include the vesting of the British railway infastructure firm Railtrack in the not-for profit company Network Rail , and the divestment of much council housing stock to 'arms-length management companies', often with mutual status.


NOTABLE NATIONALIZATIONS


  • 2006 . On May 1 , newly elected Bolivian leader Evo Morales announces plans to nationalize the country's Natural Gas industry; foreign-based companies are given six months to renegotiate their existing contracts.



SEE ALSO