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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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War, Commerce, and International Law (Hardcover)
Loot Price: R2,592
Discovery Miles 25 920
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War, Commerce, and International Law (Hardcover)
Expected to ship within 12 - 17 working days
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Recent wars and conflicts, the 'blood diamond' wars in the
Democratic Republic of the Congo, and the wars in Iraq and
Afghanistan, as well as asset freezing and blocking in the so
called war against terrorism have more than ever before raised
questions about the status of private property and contract rights
after the outbreak of war. Do invading and occupying powers have
the right to destroy and confiscate private property and ignore
contract rights? Are residents of a war-torn countries and foreign
investors alike protected by international laws that uphold
commercial freedom? Who, and on what legal authority, decides cases
over contested resources during or after war? As globalization and
armed conflicts continue to grow and co-exist, these questions are
increasingly in the international spotlight.
War, Commerce, and International Law authoritatively explores these
questions in the context of the relationship between war and
commerce, on one hand, and international law, on the other. This
book also places these questions in a historical context. Professor
Gathii argues that there are continuities and discontinuities in
the ways in which these rules were applied in colonial acquisitions
of territory and in the protection of the rights of bond holders in
the period before the twentieth century, and the manner in which
private property and contract rights are being treated under
occupation and during wartime in the contemporary period.
This book also offers an original and authoritative framework for
appreciating relations between powerful and less powerful States
and entities and between public and private power, as well as
between peoples from vastly different cultural and racial
backgrounds, in the context of war and commerce. It presents
authoritative comparisons and contrasts between the protection of
rights of foreign and domestic investors under international law in
the context of war. In so doing, it debunks the story that commerce
has prevailed over wartime deprivations and destructions of private
property and contract rights. It shows how wartime effects on
private property are a constitutive component of war rather than an
aberration of it. Professor Gathii demonstrates that while
international legal prohibitions against destruction and
confiscation of private property during wartime are important, they
have often been disregarded or sacrificed at the alter of claims of
liberty and freedom historically as well as in the contemporary
period.
Most importantly, War, Commerce, and International Law shows that
although the doctrines and rules of international law relating to
war and commerce guarantee fairness between all states, their
application, interpretation, and adjudication in a variety of
contexts nevertheless simultaneously carry forward within them the
legacy of imperialism and colonial conquest. However, while
international law carries within it this legacy, its guarantees of
the equality of all states and of the human rights of all
individuals, continue to offer hope for poor and weak states and
individuals everywhere.
General
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