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International Investment Law and History

Edited by: Stephan W. Schill,  Christian J. Tams, Rainer Hofmann

ISBN13: 9781786439956
Published: February 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £116.00



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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.

Subjects:
Legal History, International Investment Law
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 Jorg 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