State Responsibility and Rebels: The History and Legacy of Protecting Investment Against Revolution

Date & time

30 September 2021 5:30pm - 6:30pm

Venue

Zoom

Contact

Centre for International and Public Law (CIPL)
6125 5375

Event description

Kathryn’s research in the areas of state responsibility, international investment law and international humanitarian and human rights law shapes an understanding of the relationship of revolution & decolonisation to the history of investment protection & state responsibility.

About the book:

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.

Speakers

Featured Speakers

Dr Kathryn Greenman
Dr Kathryn Greenman

Dr Kathryn Greenman is a lecturer in law at the University of Technology Sydney (UTS). Prior to joining UTS, Kathryn was a junior researcher at the Amsterdam Center for International Law at the University of Amsterdam and a Kathleen Fitzpatrick Visiting Doctoral Fellow with the ARC Laureate Program in International Law and a fellow at Melbourne Law School. Kathryn’s research is in the areas of state responsibility, international investment law and international humanitarian and human rights law. Her work has been published in the Leiden Journal of International Law, the International Journal of Refugee Law and the Nordic Journal of International Law.

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