International Investment Law and History

Description

Historiographical approaches to international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of historical methods and historical research can lead to a better understanding of international investment law. International Investment Law and History critically analyses the use of historical argument in international investment law. It examines the vital roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticising the current system of investment protection. This book is the first in-depth study on the methodological challenges and benefits of historical analysis in international investment law. As such, it is a vital tool for scholars and practitioners in the field who wish to understand ways in which to use historical research and analysis to improve and redefine international investment law. Contributors include: M. Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A. Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John, C.J. Tams, J. Yackee Front Matter Copyright Contents Contributors Preface and acknowledgments PART I Introduction 1. International investment law and history: An introduction PART II Objects and objectives of history 2. Narrating narratives of international investment law: History and epistemic forces 3. The first investor-state arbitration?T he Suez Canal dispute of 1864 and some reflections on the historiography of international investment law 4. Understanding change: Evolution from international claims commissions to investment treaty arbitration 5. History and international law: Method and mechanism – empire and ‘usual’ rupture 6. The challenges of history in international investment law: A view from legal theory PART III Methodology and its challenges 7. Resolving challenges to historica lresearch: Developing a project to define fair and equitable treatment 8. The evolution of contractual protection in international law: Accessing diplomatic archives, discovering diplomatic practice, and constructing diplomatic history 9. The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention 10. Enriching law with political history: A case study on the creation of the ICSID Convention 11. A genealogy of censurable conduct: Antecedents for an international minimum standard of investor conduct Index