Takings Clause Analysis on the Fishery Closure Case in Palmyra Atoll

Owen Tang

《中国海洋法学评论》 10期 (2009/12) Pp. 47-61

並列摘要

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.

並列關鍵字

Palmyra Atoll ； EEZ ； Fifth Amendment Takings Clause under the US Constitution ； regulatory taking ； investment in commercial fishery