• Home
  • Stephan Kinsella
Stephan Kinsella

Stephan Kinsella
Center for the Study of Innovative Freedom

BSEE, MSEE, JD, LL.M.

About

31
Publications
19,438
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
405
Citations
Citations since 2016
11 Research Items
216 Citations
2016201720182019202020212022020406080
2016201720182019202020212022020406080
2016201720182019202020212022020406080
2016201720182019202020212022020406080
Introduction
Libertarian legal and rights theory. Austrian law and economics.
Additional affiliations
August 1998 - May 1999
South Texas College of Law Houston
Position
  • Professor (Associate)

Publications

Publications (31)
Chapter
If a State fails to carry out its obligations to a foreign investor under a contract, its own national investment code, or a treaty with the investor’s home State, the investor may be able to vindicate its rights through international arbitration. In many cases, arbitration offers parties the only neutral forum in which to resolve disputes, and the...
Chapter
This chapter discusses the principles of customary international law related to expropriation. It includes an overview of the historical development of the international law of expropriation, as developed in international arbitration decisions, commentators, treaties, and State practice. It also discusses the current state of the customary internat...
Chapter
This chapter discusses the types of political risk that foreign investors are likely to encounter, the factors that contribute to political risk, and some practical steps that investors might take to measure political risks in a particular State before investing capital. For investors concerned with political risk, the primary distinction to be mad...
Chapter
This chapter analyzes the types of investment projects most often undertaken in developing States, and provides an analysis of the structures that can be implemented to reduce exposure to political risk. The discussions cover project types (petroleum extraction agreements and infrastructure projects), transaction structures, investor–State contract...
Chapter
This chapter provides an overview of international arbitration procedure both under arbitration treaties and contractual arrangements, particularly under the auspices of the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) and arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL)...
Chapter
This chapter deals with the modalities of political risk insurance. Purchasing political risk insurance is one of the simplest and most direct steps that an investor can take to reduce exposure to political risk. Political risk insurance is similar in many respects to ordinary business risk insurance. It typically provides coverage against politica...
Chapter
Investors increasingly rely on the substantive protections provided in a growing number of investment treaties. This chapter covers the modern international law of investment protection as embodied in multilateral and bilateral investment treaties, including principles such as fair and equitable treatment, and full protection and security. The subs...
Chapter
This chapter discusses the actions that States may take to obtain redress against other States at whose hands their citizens are mistreated. Where no investment treaty binds home and host States, and where no other instrument offers the jurisdictional foundation for investor–State arbitration, a foreign investor may have no other remedy but to appe...
Chapter
Not all investment-related disputes are resolved through fully adversarial processes. In fact, both private businesses and governments are increasingly turning to various forms of mediation and conciliation in the face of serious disagreements rather than resorting immediately to international arbitration. A number of investment treaties also menti...
Chapter
This chapter covers the general background international law pertaining to State responsibility, in particular State responsibility incurred in relation to foreign investment, as well as the general nature and types of remedies available to investors when a State expropriates an investor’s property or interferes with its investment. The chapter fir...
Book
This second edition explores the multi-layered legal framework for the protection of foreign investment against political risk. The chapters analyze some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, State responsibility, treaties protecting foreign investmentand i...
Chapter
Full-text available
The purpose of property rights is to allocate owners of scarce resources to permit peaceful, cooperative, productive use of these resources. For external, non-bodily resources, this allocation is done in accordance with the libertarian-Lockean first-use/first-own homesteading principle. So-called intellectual property rights such as patent and copy...
Article
Full-text available
One so-called paradox of blackmail concerns the fact that “two legal whites together make a black.” That is, it is licit to threaten to reveal a person’s secret, and it is separately lawful to ask him for money; but when both are undertaken at once, together, this act is called blackmail and is prohibited. A second so-called paradox is that if the...
Article
Full-text available
This paper deals with insurance coverage of a firm that engaged in sending out junk faxes, or spam. In part II, we offer a legal analysis of a lawsuit involving this matter.Part III is devoted to a philosophical and economic analysis of the issue.
Article
Full-text available
The paper surveys various rationalist libertarian theories of rights, including Hans-Hermann Hoppe's argumentation ethics, Kinsella's estoppel based theory of rights, and related theories of other authors, such as Habermas, Apel, and Gewirth.
Article
Full-text available
Property and Contract The theory of property specifies how to determine which individuals own—have the right to control—particular scarce resources. By having a just, objective rule for allocating control of scarce resources
Article
this article was presented at the Austrian Scholars Conference, Auburn, Alabama, March 25, 2000. A condensed version of some of the arguments in this article may be found in N. Stephan Kinsella, "In Defense of Napster and Against the Second Homesteading Rule," http://www.lewrockwell.com/orig/kinsella2.html , September 4, 2000. Contact the author at...
Article
Full-text available
University. The author is an associate in the intellectual property section and international law practice group in the Houston office of Jackson & Walker, L.L.P., and is licensed to practice in Louisiana and Texas, and before the U.S. Alone in the common-law ocean of these United States, Louisiana is an island of civil law. Louisiana's civil law i...

Network

Cited By