| Registro completo |
| Provedor de dados: |
AgEcon
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| País: |
United States
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| Título: |
Police-powers, regulatory takings and the efficient compensation of domestic and foreign investors
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| Autores: |
Aisbett, Emma
Karp, Larry S.
McAusland, Carol
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| Data: |
2008-03-27
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| Ano: |
2008
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| Palavras-chave: |
Regulatory takings
Expropriation
Environment
Foreign direct investment
NAFTA
Environmental Economics and Policy
Research Methods/ Statistical Methods
F21
H4
K3
Q58
|
| Resumo: |
In customary international and public law, “takings” resulting from regulations designed to protect the public good are generally excluded from compensation rules; this exclusion is known as a police powers carve-out (PPCO). Increasingly, this PPCO is being challenged, particularly in international investment law. This paper analyzes the efficiency properties of a PPCO in a model with endogenous regulation, investment and entry. We design a one-parameter family of carve-out/compensation schemes that induce efficient regulation and firm level investment even when the regulator suffers fiscal illusion and the social benefit from regulation is private information to the regulator. We show that offering a carve-out reduces the subsidy to risky industry implicit in compensation rules; thus, a carve-out can mitigate the entry problem.
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| Tipo: |
Working or Discussion Paper
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| Idioma: |
Inglês
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| Identificador: |
http://purl.umn.edu/42842
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| Relação: |
University of California, Berkeley>Department of Agricultural and Resource Economics>CUDARE Working Papers
CUDARE Working Papers
1061
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| Formato: |
34
|
