Abstract

http://ssrn.com/abstract=2055869
 
 

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Regulatory Takings in Institutional Context: Beyond the Fear of Fragmented International Law


Steven R. Ratner


University of Michigan Law School

June 30, 2008

American Journal of International Law, volume 102 (2008), pp. 475-528

Abstract:     
Claims of regulatory expropriation have been raised in diverse venues adjudicating international investment disputes Although a basic consensus position has emerged on a state's power to affect private property rights without compensation to investors, the legality of such actions will and should depend on the specific regime and institutional context in which they are appraised. A uniform doctrinal answer is thus impossible and undesirable, and many worries about fragmentation of international law are misplaced.

Number of Pages in PDF File: 95

Keywords: international law, foreign investment, expropriation, fragmentation, international institutions, ICSID, investment treaties

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Date posted: May 16, 2012  

Suggested Citation

Ratner, Steven R., Regulatory Takings in Institutional Context: Beyond the Fear of Fragmented International Law (June 30, 2008). American Journal of International Law, volume 102 (2008), pp. 475-528 . Available at SSRN: http://ssrn.com/abstract=2055869

Contact Information

Steven R. Ratner (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
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