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  • Writer's pictureKirk Hartley

New Book on State Liability in Investment Treaty Litigation

Set out below is an ad I received for an interesting looking book on state liability claims. The topic to me is interesting because nations like China are so tied into many of its industrial businesses that are investing in Brazil and other nations, and no doubt have been or will be releasing toxins. Some of these businesses inevitably will end up being identified as causes of personal injury and property damage claims, and probably will be sued in mass tort claims of the future.

New Title from Hart Publishing

I am pleased to announce the publication of the title shown below. If you would like to order this title with your 10% discount you can do so through our website* (please mention ref: ‘E-MAIL LIST’ in the special instructions field) or you can complete and return the order form that is included at the bottom of this message.

*Please note the discount will not show up on your order confirmation but will be applied when the order is processed.

Now available in Paperback

State Liability in Investment Treaty Arbitration

Global Constitutional and Administrative Law in the BIT Generation

Santiago Montt

Reviews of the Hardback Edition

“… Montt has authored a thought-provoking and welcome contribution to the current literature on international investment law.”Valentina S. Vadi, Journal of International Economic Law

“State Liability in Investment Arbitration is a valuable and truly interdisciplinary contribution to the growing body of literature on international investment law. It offers novel analytical approaches to analyzing the emergence and evolution of the BIT generation, and sheds light on some of the hitherto less explored issues of state liability for interference with foreign investment.” Mavluda Sattorova, Transnational Dispute Management

“The book is widely supported with authorities and references. In every subject, Montt excels at combining the historical perspective, the conceptual analysis and a critical look at the future. His work has an unquestionable intellectual and academic value. Were I to recommend it, then I would surely do to scholars and researchers.” Albert Badia, Journal of World Energy Law and Business

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.

Santiago Montt has a JSD and an LLM from Yale University, an MPP from Princeton University, and an LLB from Universidad de Chile, and has taught administrative law and international commercial arbitration at Universidad de Chile, and competition law at Universidad Diego Portales.

Dec 2011 460pp Pbk 9781849462136 US$ 50


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