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International Investment Law and History

Edited by Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands, Christian J. Tams, Professor of International Law, University of Glasgow, UK and Rainer Hofmann, Professor of Public Law, Public International Law and European Law, University of Frankfurt, Germany
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.
Extent: c 400 pp
Hardback Price: $160.00 Web: $144.00
Publication Date: February 2018
ISBN: 978 1 78643 995 6
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  • Law - Academic
  • International Investment Law
  • International Economic Law, Trade Law
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.
‘There is no shortage of reading materials dealing with the subject of treaty-based investor/state arbitration, but as the editors of this fascinating volume have perceived, the field is dominated by the “here and now”, and thus lacks important insights of historical perspective. The original contributions to be found here compel the reader to reconceptualise issues in light of the recognition that they did not emerge freshly minted from a box just 25 years ago.’
– Jan Paulsson, Three Crowns LLP, Washington DC, US

‘This is an outstanding collection of provocative and informative papers. The contributions provide short, fascinating histories of several important elements of contemporary international investment law, while exploring the methodological issues that confront historians of the field and surveying the recent historical scholarship. For anyone interested in the history of international investment law, this is the perfect place to start.’
– Kenneth Vandevelde, Thomas Jefferson School of Law, US

‘It is a trite point that history plays an important role in international investment law, perhaps more so than in other, less decentralised fields of international law. This very fine volume will provide much of interest to the careful reader, be it their ‘historical’ inquiry directed at the broader normative tapestry of sources, responsibility, and dispute settlement within which investment law operates; interpretation and application of particular primary rules; critical engagement with the systemic teleology; or theoretical and methodological underpinnings.’
– Martins Paparinskis, University College London, UK
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

Contents:

Preface and acknowledgements

Part I INTRODUCTION
1. International investment law and history: An introduction
Stephan W. Schill, Christian J. Tams and Rainer Hofmann

Part II OBJECTIVES AND OBJECTS OF HISTORY
2. Narrating narratives of international investment law: History and epistemic forces
Andreas Kulick

3. The first investor-state arbitration? The Suez Canal dispute of 1864 and some reflections on the historiography of international investment law
Jason Yackee

4. Understanding change: Evolution from international claims commissions to investment treaty arbitration
Heather Bray

5. History and international law: Method and mechanism ? empire and ‘usual’ rupture
Kate Miles

6. The challenges of history in international investment law: A view from legal theory
Jörg Kammerhofer

Part III METHODOLOGY AND ITS CHALLENGES
7. Resolving challenges to historical research: Developing a project to define fair and equitable treatment
Mona Pinchis-Paulsen

8. The evolution of contractual protection in international law: Accessing diplomatic archives, discovering diplomatic practice, and constructing diplomatic history
Jean Ho Qing Ying

9. The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention
Yuliya Chernykh

10. Enriching law with political history: A case study on the creation of the ICSID Convention
Taylor St. John

11. A genealogy of censurable conduct: Antecedents for an international minimum standard of investor conduct
Muin Boase

Index