Guest Speaker - Martin Jarrett, University of Mannheim
Published On Wed 12 Dec 2018
Dr. Martin Jarrett, Senior Lecturer from the Law Department, University of Mannheim, was welcomed to CEPMLP today where he delivered two lectures to academics and students focusing on:
‘Contributory Fault in International Investment Law: A Theory for Objectively Apportioning Liability’ - A recent investment arbitration, Rockhopper v Italy, has brought into focus that issue of law where arbitrary adjudication prevails: apportionment of liability in cases where both parties are liable for the claimant's loss. After detailing the pertinent facts of this case and the jurisprudence in international investment law on contributory fault, otherwise known as contributory negligence, this presentation will examine two possible methods to make the apportionment of liability a more reason-based exercise, the first of which is grounded in expected utility theory. After dismissing the viability of this first method, the second method is put forward, one based on principles of restitution. After demonstrating its application, an argument is made for its adoption into international investment law;
Defining ‘Defence' -
‘Defence’ is a word deployed in the Anglo-American legal world in any number of contexts, with limited regard for its precise meaning. But designating a rule as a defence does have significance and demonstrating that significance is this presentation’s first objective. Thereafter, after surveying the commentary on the proper meaning to be ascribed to defence, a new definition is proposed and its attributes are detailed in view of showing how it identifies particular rules in a corpus of law as defences.
The presentation slides can be accessed here: Contributory Fault in International Investment Law: A Theory for Objectively Apportioning Liability and Defining ‘Defence'
Martin is pictured centre with Professor Volker Roeben (L) and Dr Manny Macatangay (R).