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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation


ISBN13: 9781841138565
Published: November 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781849462136



Despatched in 4 to 6 days.

Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law.

We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed.

State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly.

Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

Subjects:
Public International Law, Arbitration and Dispute Resolution, International Investment Law
Contents:
Introduction First Part: A Framework of Analysis Chapter 1: The Latin American Position on State Responsibility. Looking into the Past for Lessons on the Future Chapter 2: The BIT Generation's Emergence as a Collective Action Problem. Prisoner's Dilemma or Network Effects? Chapter 3: Trading Off Sovereignty for Credibility: Questions of Legitimacy in the BIT Generation Second Part: An Assessment of the Present State of Investment Treaty Arbitration Jurisprudence Chapter 4: Property Rights v The Public Interests: A Comparative Approach to a Global Puzzle Chapter 5. Investments, Indirect Expropriations and the Regulatory State Chapter 6: Controlling Arbitrariness through the Fair and Equitable Standard Conclusions: Future of the BIT Generation: For a Global Legal Order Committed to the Rule of Law and Human Welfare

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
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Non-State Actors in International Law ISBN 9781509917839
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States, the Law and Access to Refugee Protection: Fortresses and Fairness ISBN 9781509901289
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
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Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
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International Law and Child Soldiers ISBN 9781509913831
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Complicity in International Criminal Law (eBook) ISBN 9781509900091
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Complicity in International Criminal Law ISBN 9781509900084
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Economic Sanctions and International Law (eBook) ISBN 9781782254737
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Economic Sanctions and International Law ISBN 9781849465908
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Corruption and Human Rights Law in Africa ISBN 9781509908455
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
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Security and International Law (eBook) ISBN 9781782255895
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Security and International Law ISBN 9781849466349
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
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Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
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£55.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
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Non-State Actors in International Law ISBN 9781849465113
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Statelessness: The Enigma of the International Community ISBN 9781849469692
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The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
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International Law and Child Soldiers (eBook) ISBN 9781782254348
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International Law and Child Soldiers ISBN 9781849465205
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Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
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£20.82 + £4.17 VAT
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Corruption and Human Rights Law in Africa ISBN 9781849466370
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Statelessness: The Enigma of the International Community ISBN 9781849465076
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Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
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International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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£38.99
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
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Promises of States under International Law ISBN 9781849462327
Published January 2012
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
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Hart Publishing
£75.00
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International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£95.00
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£54.99
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£70.00
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£24.99 + £5.00 VAT
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£30.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£32.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£80.00
£90.00
Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
£85.00
£65.00
Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£55.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£75.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£50.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£55.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£80.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£90.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£85.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
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£120.00
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£43.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£70.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
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£95.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£54.99
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£85.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
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Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
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