Volume 11

Issue 1


Introduction to Regulatory Expropriations in International Law and Case Summaries

Keynote Address

Francisco Orrego Vicuña, Carlos Calvo, Honorary NAFTA Citizen

Colloquium Articles

Barry Appleton, Regulatory Takings: The International Law Perspective

Vicki Been, Does an International “Regulatory Takings” Doctrine Make Sense?

Rudolf Dolzer, Indirect Expropriations: New Developments?

Rainer Geiger, Regulatory Expropriations in International Law: Lessons from the Multilateral Agreement on Investment

Thomas W. Merrill, Incomplete Compensation for Takings

Helen Mountfield, Regulatory Expropriations in Europe: The Approach of the European Court of Human Rights

Hélène Ruiz Fabri, The Approach Taken by the European Court of Human Rights to the Assessment of Compensation for “Regulatory Expropriations” of the Property of Foreign Investors

Ethan Shenkman, Could Principles of Fifth Amendment Takings Jurisprudence Be Helpful in Analyzing Regulatory Expropriation Claims under International Law?

Philippe Sands, Searching for Balance: Concluding Remarks

Transcript: Roundtable Discussion

Student Article

Roundtable Discussion on Domestic Challenges if Multilateral Investment Treaties are Interpreted to Expand the Compensation Requirement for Regulatory Expropriations Beyond a Signatory State’s Domestic Law

Lauren E. Godshall, In the Cold Shadow of Metalclad: The Potential for Change to NAFTA’s Chapter Eleven

Issue 2

Colloquium Articles

Scott Sherman, Government Tax and Financial Incentives in Brownfields Redevelopment: Inside the Developer’s Pro Forma

Ian A. Bowles and Cyril F. Kormos, The International Conservation Mandate of the United States Government

Dorit Talitman, Alon Tal, and Shmuel Brenner, The Devil is in the Details: Increasing International Law’s Influence on Domestic Environmental Performance—The Case of Israel and the Mediterranean Sea

Dinara Kemelova and Gennady Zhalkubaev, Water, Conflict, and Regional Security in Central Asia Revisited

Student Article

Shorge Sato, Sustainable Development and the Selfish Gene: A Rational Paradigm for Achieving Intergenerational Equity

Issue 3

Colloquium Articles

Jonathan C. Mosher, A Pound of Cause for a Penny of Proof: The Failed Economy of an Eroded Causation Standard in Toxic Tort Cases

Ken S. Rivlin & Jamaica D. Potts, Not So Fast: The Sealed Air Asbestos Settlement and Methods of Risk Management in the Acquisition of Companies with Asbestos Liabilities

Allison F. Gardner, Beyond Compliance: Regulatory Incentives to Implement Environmental Management Systems

Dave Owen, The Disappointing History of the National Marine Sanctuaries Act

Student Articles

Eric D. Albert, If the Shoe Fits, [Don’t] Wear It: Preacquisition Notice and Stepping into the Shoes of Prior Owners in Takings Cases after Palazzolo v. Rhode Island

Matthew P. Garvey, When Political Muscle is Enough: The Case for Limited Judicial Review of Long Distance Transfers of Development Rights

Book Review

Ashley S. Miller, Developing Regionalism: A Review of The Regional City: Planning for the End of Sprawl by Peter Calthorpe and William Fulton