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xix | |
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xxiii | |
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xxvii | |
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1 Introductory Chapter: Arbitrating Transnational Corruption |
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A The Decision-maker's Dilemma |
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1 | (2) |
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3 | (5) |
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8 | (7) |
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D Anti-Corruption: Formal Laws and Informal Codes |
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15 | (7) |
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E Investor Protection in International Investment Arbitration |
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22 | (4) |
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26 | (4) |
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G Competing Legal and Policy Questions |
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30 | (7) |
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37 | |
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PART I TRANSNATIONAL CORRUPTION AND INTERNATIONAL EFFORTS AT ITS CONTROL |
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2 The Nature of Transnational Corruption |
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A A Working Definition of Corruption |
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1 | (12) |
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B The `Inevitability' of Corruption in Social Development |
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13 | (7) |
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C Perspectives from Economics |
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20 | (7) |
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D Prohibited Corruption vs. Permitted Inducement |
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27 | (11) |
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E The Natural Habitat of Transnational Corruption |
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38 | |
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3 A Typology of Corruption in Foreign Investment |
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A Introduction: Taxonomic Distinctions |
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1 | (3) |
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B Governmental Action Purchased: Transaction vs. Variance Bribery |
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4 | (16) |
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C Corruption as Risk-Abatement: Political vs. Economic Risk |
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20 | |
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4 International Efforts to Combat Corruption in Foreign Investment |
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1 | (5) |
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B National and International Anti-Foreign Corruption Instruments |
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6 | (68) |
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C Efforts to Utilize International Arbitration for Enforcing Anti-Corruption Norms |
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74 | (6) |
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D Conclusion: The Limits of the International Anti-Corruption Consensus |
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80 | |
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PART II THE JURISPRUDENCE ON CORRUPTION IN INTERNATIONAL INVESTMENT ARBITRATION: CASE AND TREND ANALYSIS |
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5 The Scope of Inquiry: Treaty vs. Contract `Investment Arbitration' |
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A Background to the Commercial/Investment Arbitration Dichotomy |
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1 | (5) |
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B Similarities in Procedure and Personalities |
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6 | (4) |
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C Investment and Commercial Arbitration: the Differences |
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10 | (7) |
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D Protected `Investments' and the Host State's Economic Development |
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17 | (13) |
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E Contract-Based International Investment Arbitration |
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30 | (9) |
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F A Note on the Cases Selected for Analysis |
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39 | |
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A Cases where Corruption was Outcome-Determinative |
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1 | (70) |
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B Cases where Corruption Allegations did not Prosper |
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71 | |
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1 | (2) |
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B Corruption Allegations are Almost Never Outcome-Determinative |
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3 | (7) |
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C Corruption is Raised Mostly by Host States as a Complete Defence |
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10 | (4) |
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D Investors Sometimes Raise Corruption, Without Success |
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14 | (2) |
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E Who Alleges Corruption Tends to Affect its Treatment by Tribunals |
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16 | (4) |
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F Elevated Evidentiary Standards Have Frequently Been Required for Corruption |
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20 | (3) |
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G Corruption is Sometimes Pursued through Other Means |
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23 | (3) |
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H Few Tribunals Have Inquired into the Host State's Prosecution of Corrupt Public Officials |
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26 | (3) |
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I When Corruption Occurs Affects its Legal Consequences |
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29 | (4) |
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J Corruption is Alleged Increasingly, with Preclusive Effect |
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33 | |
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PART III TOWARDS A JURISPRUDENCE CONSTANTE IN INVESTMENT ARBITRATION DECISION-MAKING ON CORRUPTION |
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8 Mere Corruption? On the Reluctance to Decide Corruption Issues |
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A Avoiding Corruption Issues: An Overview |
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1 | (3) |
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B The Importance of Investment Arbitration Decisions in the Progressive Development of International Law |
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4 | (6) |
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C Mere Corruption? Understanding the Scarcity of Corruption-Related Arbitral Reasoning |
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10 | (20) |
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D The Reasons Requirement and Operational Codes in Investment Arbitration Decision-making on Corruption |
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30 | |
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A Introduction: The Difficulty of Proving Corruption |
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1 | (3) |
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B Tribunals as Inquisitors? The Duty to Pursue Corruption Allegations |
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4 | (4) |
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C Burdens of Proof, Presumptions, Inferences, and `Red Flags' |
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8 | (7) |
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15 | |
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10 State Responsibility for Corruption: The Attribution Asymmetry |
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A Introduction: The Bilateral Nature of Corruption, International Law and State Responsibility |
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1 | (8) |
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B State Responsibility in International Investment Arbitration |
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9 | (10) |
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C The Salient Investment Arbitration Decisions: An Analysis |
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19 | (15) |
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D State Responsibility and Transnational Corruption |
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34 | (59) |
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E Conclusion: Principles on State Responsibility for Corruption |
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93 | |
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11 Concluding Chapter: Legal and Policy Tensions Underlying Anti-Corruption Decision-making |
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A The Scope of Arbitral Decision-making on Corruption |
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1 | (9) |
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10 | (26) |
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C Distinguishing Political Risk from Economic Risk |
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36 | (269) |
Appendix |
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305 | (16) |
Index |
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321 | |