Catalogue Search | MBRL
Are you sure you want to remove the book from the shelf?
{{itemTitle}}
2,544
result(s) for
"Government liability (International law)"
Sort by:
State liability in investment treaty arbitration : global constitutional and administrative law in the BIT generation
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.
eBook
State responsibility for non-state actors : past, present, and prospects for the future
\"This book investigates how state responsibility can be determined for the wrongdoing of non-state actors. Every day, people, businesses and societies around the world pay a price arising from interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies operating overseas, to companies damaging natural environments or providing suspect services, the impact of such situations are felt in numerous ways. They also raise many questions relating to responsibility. In answering these, State Responsibility for Non-State Actors provides a picture of what the law governing this area is, what it could be, and what it should be in light of past histories, present realities and future prospects\"-- Provided by publisher.
BOOK
Theories of Co-perpetration in International Criminal Law
This book provides a refined definition of co-perpetration responsibility that could be uniformly applied in both the ad hoc- and the treaty-based (ICC Rome Statue) model of international criminal justice.
eBook
State responsibility for 'modern slavery' in human rights law : a right not to be trafficked
\"[This] book analyses the role and responsibility of states for addressing 'modern slavery' -- a diverse set of practices usually perpetrated by non-state actors -- against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. It also considers the 'absolute' nature of the prohibition of 'modern slavery' in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to 'modern slavery', and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, which glues together diverse practices of 'modern slavery' into a coherent concept, this book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, the book offers a roadmap for the future development of law on this subject, emphasising the limits of human rights law as a tool for addressing 'modern slavery'.\" -- Dust jacket.
BOOK
Compensation for Environmental Damage Under International Law
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment.
It examines a wide range of practice on compensation - in general and specifically for environmental damage - from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations.
This book is essential reading for academics, practitioners and students working in the field of environmental law.
eBook
The Pinochet Effect
The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
eBook
The Worldwide Governance Indicators: Methodology and analytical issues
Th is paper summarizes the methodology of the Worldwide Governance Indicators (WGI) project, and related analytical issues. Th e WGI has covered over two hundred countries and territories, measuring six dimensions of governance starting in 1996: Voice and Accountability, Political Stability and Absence of Violence/Terrorism, Government Effectiveness, Regulatory Quality, Rule of Law, and Control of Corruption. The aggregate indicators are based on several hundred individual underlying variables, taken from a wide variety of existing data sources. Th e data reflect the views on governance of survey respondents and public, private, and NGO sector experts worldwide. We also explicitly report margins of error accompanying each country estimate. These reflect the inherent difficulties in measuring governance using any kind of data. We find that even after taking margins of error into account, the WGI permit meaningful cross-country and over-time comparisons. Th e aggregate indicators, together with the disaggregated underlying source data.
Journal Article
The United States Promotes Individual Criminal Accountability for Aggression and Atrocity Crimes Committed by Russians in Ukraine
\"Justice and accountability are central pillars of the United States' policy on Ukraine,\" the White House stated in February 2023 marking the one-year anniversary of the Russian invasion. Indeed, the United States has backed a wide range of international and domestic mechanisms, seeking to leverage their different expertise, capabilities, and authorities, to investigate and prosecute Russians for war crimes, crimes against humanity, and the crime of aggression, all of which the Biden administration has explicitly accused Russia of committing. The administration's approach has been inclusive, encouraging international factfinding by human rights bodies and civil society organizations, endorsing the International Criminal Court's investigations and its issuance of an arrest warrant for Russian President Vladmir Putin, enabling accountability efforts across Europe through cooperative arrangements, and supporting Ukraine's justice system, providing its investigators, prosecutors, and judges with training, technical assistance, funding, and evidence. \"There is no hiding place for war criminals,\" U.S. Attorney General Merrick Garland said in June 2022, reflecting this all-encompassing strategy. \"TheU.S. JusticeDepartment,\" he averred, \"will pursue every avenue of accountability for those who commit war crimes and other atrocities in Ukraine.\"
Journal Article