REGULATORY TAKINGS IN INSTITUTIONAL CONTEXT: BEYOND THE FEAR OF FRAGMENTED INTERNATIONAL LAW

• 成果类型: Review
• 署名作者: Ratner, Steven R.
• 署名单位: University of Michigan System; University of Michigan
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.2307/20456640
• 发表日期: 2008
• 页码: 475-+
• 关键词: claims-settlement-commission; investment treaty arbitration; energy charter treaty; EUROPEAN COURT; HUMAN-RIGHTS; JURISPRUDENCE; legitimacy; STATES; RESPONSIBILITY; EXPROPRIATION

摘要

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.