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111 Am. J. Int'l L. [i] (2017)

handle is hein.journals/ajil111 and id is 1 raw text is: AMERICAN JOURNAL OF INTERNATIONAL LAW VOL. 111 January 2017 NO.1 CONTENTS PAGE Editors' Note Editors in Chief, AJIL at ] 1] Compensation for Expropriations in a World of Investment Treaties: Beyond the Lawful/Unlawful Distinction Steven R. Ratner 7 When a state expropriates a foreign investment in violation of an investment treaty, where should a tribunal look for a compensation standard? Tribunals have offered wildly different answers, trapped in a paradigm that distin- guishes between lawful and unlawful expropriations. This article evalu- ates and criticizes the case law, offering a new framework grounded in five purposes of a remedy. Compensation should take account of specific aspects of the expropriation, including whether the state's failure to pay stemmed from a bona fide disagreement with the investor and whether the treaty's pro- cedural criteria were violated. It concludes with implications for violations of other investor protections. Data, Detection, and the Redistribution of the Sensible in International Law Fleur Johns 57 International legal work involves trying to verify the condition of the world. This aspect of international legal work is changing in light of growing auto- mation. The range of persons capable of engaging with this work, and ways of contesting what can be experienced in common, are shifting. With this comes redistribution of the power to govern and other juridical capacities on the global plane. Taking IAEA and UNHCR practices as exemplars, this article argues for renewed attention to these shifts. Notes and Comments Prosecutorial Politics: The ICC's Influence in Colombian Peace Processes, 2003-2017 Rend Uruehia 104 International Decisions Edited by David P Stewart Prosecutor v. Ahmad Al Faqi Al Mahdi (Uzma S. Bishop-Burney) 126 International Criminal Court judgment and sentence for co-perpetrating war crime of intentional destruction of culturally protected property under Rome Statute

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