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    政大機構典藏 > 法學院 > 法律學系 > 期刊論文 >  Item 140.119/14168
    Please use this identifier to cite or link to this item: http://nccur.lib.nccu.edu.tw/handle/140.119/14168

    Title: 兩漢春秋折獄「原心定罪」的刑法理論
    Authors: 黃源盛
    Huang, Yuan-Sheng
    Keywords: 春秋折獄
    Date: 2005-06
    Issue Date: 2008-12-12 14:26:19 (UTC+8)
    Abstract: The line of demarcation between the concept of indirect expropria-tion requiring compensation and governmental regulatory measures not requiring compensation is difficult to draw. Several recent free trade agreements classify expropriation to include measures which have simi-lar effects; none, however, provides a clue as to when a regulatory measure is tantamount (or equivalent) to expropriation."" A measure tantamount (or equivalent) to expropriation"", then, could be any gov-ernment measure adopted for a legitimate purpose as part of the host state's police powers. The most controversial issue surrounding the po-lice power exception arises from the fact that neither international nor domestic law offers a comprehensive and widely accepted grounding for identifying its nature or scope. To date, two recent free trade agree-ments, the U.S.-Singapore and the U.S.-Chile Free Trade Agreements, provide specific guidance on how to determine whether or not the exer-cise of regulatory powers by a host country is to be regarded as a com-pensable expropriation. However, the debate has yet to be settled and is likely to continue as new cases and questions arise
    Relation: 政大法學評論,85,59-132
    Data Type: article
    Appears in Collections:[法律學系] 期刊論文

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