Model or Anti-Model? U.S. Regulatory Takings Doctrine in Foreign Jurisdictions

Authors

• Melanie Benesh, Environmental Working Group

Abstract

Canada and Australia have taken a different approach to regulatory takings than Peru, despite some similarities among the countries. Like Peru, Canada and Australia both have IIAs with the United States. Like Peru, both have also addressed regulatory takings issues in their domestic jurisprudence since signing those IIAs. And like Peru, both Canada and Australia have looked to U.S. regulatory takings doctrine while developing their own domestic jurisprudence. However, unlike Peru, Canada and Australia have both ultimately decided that the U.S. regulatory takings doctrine would not be viable in their constitutional and political systems. They view U.S. regulatory takings doctrine as an anti-model.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Jurisprudence | Law | Legislation

Recommended Citation

Melanie Benesh, Model or Anti-Model? U.S. Regulatory Takings Doctrine in Foreign Jurisdictions, 24 Cardozo J. Int'l & Comp. L. 289 (2016).
Available at: https://larc.cardozo.yu.edu/cjicl/vol24/iss2/3