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Warner, Mildred E. 2009. "Regulatory Takings and Free Trade Agreements: Implications for Planners," Urban Lawyer, 41(3): 427-443.

International trade agreements bring a new dimension to the ongoing debate between public regulation and private property rights. Since NAFTA US free trade agreements have promulgated an expanded view of private property rights, elevating foreign investors to the level of nation states, challenging government regulations as unfair barriers to trade, requiring governmental compensation for partial (regulatory) takings, and substituting private tribunals for the public courts. Articulated at the global and national scales, these new definitions have profound implications for planners at the state and local levels. The implications for planning deserve more serious consideration.

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Subject: Privatization