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State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution: Cambridge Studies in International and Comparative Law, cartea 161

Autor Kathryn Greenman
en Limba Engleză Hardback – 25 aug 2021
This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.
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Specificații

ISBN-13: 9781316517291
ISBN-10: 1316517292
Pagini: 288
Dimensiuni: 150 x 235 x 19 mm
Greutate: 0.51 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in International and Comparative Law

Locul publicării:Cambridge, United Kingdom

Cuprins

1. The past and present of state responsibility for rebels; 2. The system: mixed claims commissions in the shadow of empire; 3. The cases: autonomy, ambiguity and doctrine in the work of the commissions; 4. The scholarship: resistance and development; 5. The codification projects: stalemate; 6. The legacy: protecting investment against revolution in the decolonised world.

Notă biografică


Descriere

Explores the emergence and contestation of State responsibility for rebels in the context of the decolonisation of Latin America.