Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-23T00:49:36.076Z Has data issue: false hasContentIssue false

5 - Investment Reprisal and Post-Establishment Illegality

Published online by Cambridge University Press:  22 June 2019

Martin Jarrett
Affiliation:
Max Planck Institute for Comparative Public Law and International Law
Get access

Summary

Chapter 5 looks at the other form of contributory fault: a defence called investment reprisal. Aside from the different causal relation that an instance of investment reprisal has to the relevant loss in comparison to mismanagement, the former involves wrongful conduct on the part of the investor, rather than risky conduct. For this reason, investment reprisal is a form of investor misconduct, which brings it close to another defence: post-establishment illegality. In establishing their doctrinal foundations, special attention is paid to how the circumstances that activate them differ from similar circumstances that relate to different rules, such as the legality requirement for jurisdiction. The bulk of this chapter is dedicated to detailing these defences’ legal content and traversing the difficult questions on jurisdiction and admissibility that they raise. Again, the opportunity is taken to propose a reason-based method for apportioning liability when these defences apply, and the concluding sections distinguish them from other related legal concepts.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×