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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