TY  - BOOK
AU  - Greenman,Kathryn
TI  - State responsibility and rebels: the history and legacy of protecting investment against revolution 
T2  - Cambridge studies in international and comparative law
SN  - 9781009043779 (ebook)
AV  - K3830 .G74 2021
U1  - 346/.092 23
PY  - 2021///
CY  - Cambridge
PB  - Cambridge University Press
KW  - Investments, Foreign (International law)
KW  - Revolutions
KW  - History
KW  - 20th century
KW  - 19th century
KW  - Arbitration (International law)
KW  - International commercial arbitration
KW  - Government liability (International law)
N1  - Title from publisher's bibliographic system (viewed on 20 Aug 2021); The past and present of state responsibility for rebels -- The system : mixed claims commissions in the shadow of empire -- The cases : autonomy, ambiguity and doctrine in the work of the commissions -- The scholarship : resistance and development -- The codification projects : stalemate -- The legacy : protecting investment against revolution in the decolonised world
N2  - 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
UR  - https://doi.org/10.1017/9781009043779
ER  -