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Wildy’s Book News

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Vol 24 No 3 March/April 2019

Book of the Month

Cover of Take the Witness: Cross Examination in International Arbitration

Take the Witness: Cross Examination in International Arbitration

Edited by: Lawrence W. Newman, Timothy G. Nelson
Price: £130.00

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Hostile Business and the Sovereign State: Privatized Governance, State Security and International Law

ISBN13: 9781138296145
Published: December 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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This book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of ‘post-government companies’ that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, ‘imperfect privatizations’: when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, ‘belligerent companies’, whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.

International Trade
Chapter 1. The Privatization of States
Chapter 2. Extremes of Privatization
Chapter 3. Companies for Privatized Activities
Chapter 4. Control over Territory
Chapter 5. Company Ownership and Control
Chapter 6. Tracking Control and Influence over Companies
Chapter 7. The State and Its Business Abroad
Chapter 8. A Divergence of Interests
Chapter 9. Opaque Company Behavior Toward States
Chapter 10. Companies in Defiance of States
Chapter 11. "Imperfect Privatizations" and Territorial Control
Chapter 12. Defending Against Hostile Companies
Chapter 13. Challenges to States’ Defensive Measures
Chapter 14. Challenges for International Law