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Author:   Stephan W. Schill ,  Christian J. Tams ,  Rainer Hofmann
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781786439956

ISBN 10:   1786439956
Pages:   400
Publication Date:   23 February 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

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 Joerg 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

Reviews

`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 reconceptualize 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 chapters. The contributors 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 decentralized 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

`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

'The book is a fantastic collection of individual essays which together form a compelling argument that historical research can lead to not only a better understanding of international investment law, but that it can serve as a tool which leads to new discoveries, new methods of argument, and new ways to conceptualize aspects of international investment law we thought we already understood.' -- Journal of International Arbitration '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 reconceptualize 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 chapters. The contributors 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 decentralized 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

`The book is a fantastic collection of individual essays which together form a compelling argument that historical research can lead to not only a better understanding of international investment law, but that it can serve as a tool which leads to new discoveries, new methods of argument, and new ways to conceptualize aspects of international investment law we thought we already understood.' -- Journal of International Arbitration `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 reconceptualize 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 chapters. The contributors 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 decentralized 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

Author Information

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

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