Balancing Property Rights and Human Rights in Expropriation
This chapter concentrates on the protection of property rights through expropriation norms and the way the articulation and adjudication of these may impact upon human rights goals. The purpose of this chapter is two-fold: firstly to consider whether anti-expropriation norms are a barrier to human rights promotion through their content, application, or even the regulatory chill effects that might flow from expansive indirect takings norms; and secondly, to consider to what extent the development of comprehensive and balanced tests at the interface of potentially conflicting international governance regimes places great responsibility on adjudicators to expand upon the more open-ended norms that typically arise from treaty negotiations. A subsidiary question is whether the traditionally private field of international arbitration is as well suited to perform this function as a more permanent body such as the Appellate Body of the WTO or a body with broad public international law expertise such as the International Court of Justice.
Keywords: international legal rules, Appellate Body, WTO, international governance regimes, treaty negotiations
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .