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  1. Home
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  3. State Responsibility and Rebels
  • Cited by 7
Publisher:
Cambridge University Press
Online publication date:
August 2021
Print publication year:
2021
Online ISBN:
9781009043779
DOI:
https://doi.org/10.1017/9781009043779
Subjects:
Legal History, Public International Law, Law, International Relations and International Organisations
Series:
Cambridge Studies in International and Comparative Law (161)
Information

Book description

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.

Reviews

‘Greenman is a legal historian, not a sociologist, but her study is of acute interest to both legal scholars and the emerging body of political science scholarship on the social and professional variables that structure international law as a professional market. Greenman’s study provides a welcome prequel to sociological accounts of the boom of international arbitration from the 1970s oil crises onwards and the subsequent predominance of the model of the Wall Street multinational corporate law firm as a vehicle of legal globalization.’

Sara Dezalay Source: Rechtsgeschichte - Legal History

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