Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor mi
The rise of non-Western Great Powers, the spread of transnational religiously-justified insurgencies, and the resurgence of ethno-nationalism raise fundamental questions about the effects of cultural diversity on international order. Yet current debate - among academics, popular commentators, and policy-makers alike - rests on flawed understandings of culture and inaccurate assumptions about how historically cultural diversity has shaped the evolution of international orders. In this path-breaking book, Christian Reus-Smit details how the major theories of international relations have consistently misunderstood the nature and effects of culture, returning time and again to a conception long abandoned in specialist fields: the idea of cultures as coherent, bounded, and constitutive. Drawing on theoretical insights from anthropology, cultural studies, and sociology, and informed by new histories of diverse historical orders, this book presents a new theoretical account of the relationshi
Utility-based theory and the fallback choice-theoretic framework are shown to be biased, irremediably flawed and misleading. A radically different theory of value and of consumer behaviour is proposed
Catholics are not Christians. They worship Mary. They do whatever the pope says. They cannot divorce. They eat fish on Fridays. These flawed but common statements reflect a combined ignorance of and f
Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in un
Max Weber explored the political, epistemological and ethical problems of modernity, and understood how closely connected they were. His efforts are imaginative, sophisticated, even inspiring, but also flawed. Weber's epistemological successes and failures highlight unresolvable tensions that are just as pronounced today and from which we have much to learn. This edited collection of essays offers novel readings of Weber's politics, approach to knowledge, rationality, counterfactuals, ideal types, power, bureaucracy, the state, history, and the non-Western world. The conclusions look at how some of his prominent successors have addressed or finessed the tensions of the epistemological between subjective values and subjective knowledge; the sociological between social rationalization and irrational myths; the personal among conflicting values; the political between the kinds of leaders democracies select and the national tasks that should be performed; and the tragic between human consc
Do elections turn people into democratic citizens? Elections have long been seen as a way to foster democracy, development and security in Africa, with many hoping that the secret ballot would transform states. Adopting a new approach that focusses on the moral economy of elections, Nic Cheeseman, Gabrielle Lynch and Justin Willis show how elections are shaped by competing visions of what it means to be a good leader, bureaucrat or citizen. Using a mixed-methods study of elections in Ghana, Kenya and Uganda, they explore moral claims made by officials, politicians, civil society, international observers and voters themselves. This radical new lens reveals that elections are the site of intense moral contestation, which helps to explain why there is such vigourous participation in processes that often seem flawed. Demonstrating the impact of these debates on six decades of electoral practice, they explain why the behaviour of those involved so frequently transgresses national law and in
The rise of non-Western Great Powers, the spread of transnational religiously-justified insurgencies, and the resurgence of ethno-nationalism raise fundamental questions about the effects of cultural diversity on international order. Yet current debate - among academics, popular commentators, and policy-makers alike - rests on flawed understandings of culture and inaccurate assumptions about how historically cultural diversity has shaped the evolution of international orders. In this path-breaking book, Christian Reus-Smit details how the major theories of international relations have consistently misunderstood the nature and effects of culture, returning time and again to a conception long abandoned in specialist fields: the idea of cultures as coherent, bounded, and constitutive. Drawing on theoretical insights from anthropology, cultural studies, and sociology, and informed by new histories of diverse historical orders, this book presents a new theoretical account of the relationshi
What was a book in early modern England? By combining book history, bibliography and literary criticism, Material Texts in Early Modern England explores how sixteenth- and seventeenth-century books were stranger, richer things than scholars have imagined. Adam Smyth examines important aspects of bibliographical culture which have been under-examined by critics: the cutting up of books as a form of careful reading; book destruction and its relation to canon formation; the prevalence of printed errors and the literary richness of mistakes; and the recycling of older texts in the bodies of new books, as printed waste. How did authors, including Herbert, Jonson, Milton, Nashe and Cavendish, respond to this sense of the book as patched, transient, flawed, and palimpsestic? Material Texts in Early Modern England recovers these traits and practices, and so crucially revises our sense of what a book was, and what a book might be.
It is increasingly evident that the conventional scientific approach to economic processes and related sustainability issues is seriously flawed. No economist predicted the current planetary crisis ev
The upheavals of recent decades show us that traditional models of understanding processes of social and economic change are failing to capture real-world risk and volatility. This has resulted in flawed policy that seeks to capture change in terms of the rise or decline of regimes or regions. In order to comprehend current events, understand future risks and decide how to prepare for them, we need to consider economies and social orders as open, complex networks. This highly original work uses the tools of network analysis to understand great transitions in history, particularly those concerning economic development and globalisation. Hilton L. Root shifts attention away from particular agents – whether individuals, groups, nations or policy interventions – and toward their dynamic interactions. Applying insights from complexity science to often overlooked variables across European and Chinese history, he explores the implications of China's unique trajectory and ascendency, as a comp
Do elections turn people into democratic citizens? Elections have long been seen as a way to foster democracy, development and security in Africa, with many hoping that the secret ballot would transform states. Adopting a new approach that focusses on the moral economy of elections, Nic Cheeseman, Gabrielle Lynch and Justin Willis show how elections are shaped by competing visions of what it means to be a good leader, bureaucrat or citizen. Using a mixed-methods study of elections in Ghana, Kenya and Uganda, they explore moral claims made by officials, politicians, civil society, international observers and voters themselves. This radical new lens reveals that elections are the site of intense moral contestation, which helps to explain why there is such vigourous participation in processes that often seem flawed. Demonstrating the impact of these debates on six decades of electoral practice, they explain why the behaviour of those involved so frequently transgresses national law and in
How can you achieve victory in war if you don't have a clear idea of your political objectives and a vision of what victory means? In this provocative challenge to US policy and strategy, Donald Stoker argues that America endures endless wars because its leaders no longer know how to think about war, particularly limited wars. He reveals how ideas on limited war and war in general evolved against the backdrop of American conflicts in Korea, Vietnam, and Iraq. These ideas, he shows, were flawed and have undermined America's ability to understand, wage, and win its wars, and to secure peace afterwards. America's leaders have too often taken the nation to war without understanding what they want or valuing victory, leading to the 'forever wars' of today. Why America Loses Wars dismantles seventy years of misguided thinking and lays the foundations for a new approach to the wars of tomorrow.
