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

Authors

Steven R. Ratner, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

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.

Comments

This article is reproduced with permission from the July 2008 issue of the American Journal of International Law © 2008 American Society of International Law. All rights reserved.

Recommended Citation

Ratner, Steven R. "Regulatory Takings in Institutional Context: Beyond the Fear of Fragmented International Law." Am J. Int'l L. 102, no. 3 (2008): 475-528.