<i>'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.' </i><br /> --Martins Paparinskis, University College London, UK<p><i>'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.'</i><br /> --Jan Paulsson, Three Crowns LLP, Washington DC, US</p><p><i>'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.'</i><br /> --Kenneth Vandevelde, Thomas Jefferson School of Law, US</p>

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
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Historiographical approaches in 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 methods in historical research can lead to a better understanding of international investment law.
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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 OBJECTS AND OBJECTIVES 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 Webb Yackee 4. Understanding change: Evolution from international claims commissions to investment treaty arbitration Heather L. 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 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
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Produktdetaljer

ISBN
9781786439956
Publisert
2018-02-23
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
400

Biographical note

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