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

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

95 Pages Posted: 16 May 2012  

Steven R. Ratner

University of Michigan Law School

Date Written: June 30, 2008

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.

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

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: https://ssrn.com/abstract=2055869

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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