Please use this identifier to cite or link to this item: http://hdl.handle.net/10397/62519
Title: Takings clause analysis on the fishesry closure case in Palmyra Atoll
Authors: Tang, O
Keywords: Palmyra Atoll
EEZ
Fifth Amendment Takings Clause under the US Constitution
Regulatory taking
Investment in commercial fishery
Issue Date: 2009
Publisher: Airiti Press
Source: China oceans law review, 2009, no. 2, p. 47-61 How to cite?
Journal: China oceans law review 
Abstract: Commercial fishery requires heavy financial investments, and stakeholders' benefits can be negatively affected by subsequent government regulations on closure of commercial fishery. In 2001, the Department of Interior issued regulation on closure of commercial fishery in Palmyra Atoll, and the investor sued the federal government based on Fifth Amendment Takings Clause under the US Constitution. The Interior Department won the case in the US Court of Appeals. The author conducts a review on the legal principles about the Taking Clause, with particular emphasis on cases related to fishery operation. The author concludes that the 2009 Palmyra Atoll case provides a chilling message to those considering major investment in commercial fishing facilities.
URI: http://hdl.handle.net/10397/62519
ISSN: 1813-7350
Appears in Collections:Journal/Magazine Article

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