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作者：Lester, Simon
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作者：Ratner, Steven R.
作者单位：University of Michigan System; University of Michigan
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 internation...
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作者：Cook, John R.
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作者：Brunnee, Jutta
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作者：Matheson, Michael J.
作者单位：George Washington University
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作者：Sloane, Robert D.
作者单位：Boston University
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作者：Cohen, Harlan Grant
作者单位：University System of Georgia; University of Georgia
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作者：Raven-Hansen, Peter
作者单位：George Washington University
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作者：Franck, Thomas M.
摘要：The principle of proportionality, is generally held to govern the extent to which a provocation may be lawfully countered by what might otherwise be an illegal response. Focusing on the application of proportionality to a range of subjects such as armed conflicts between states, interstate trade disputes, and restrictions on internationally protected human rights, this article finds that, despite its vagueness, the principle succeeds in modulating conflict between states because through freque...
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作者：DiMascio, Nicholas; Pauwelyn, Joost
摘要：International trade and investment treaties both use national treatment provisions to prohibit discrimination against foreigners, but do so for different reasons. As disputes increasingly cross the boundary between trade and investment, the origin, evolution, and goals of the treaties require somewhat different applications of national treatment. At its core, however, national treatment prohibits only discrimination based on nationality, so in both contexts proof of a legitimate policy objecti...
