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).
2018
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Title
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).
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Imprint
Northampton, MA : Edward Elgar Publishing Limited, 2018.
Description
1 online resource (400 pages).
Series
Frankfurt investment and economic law.
Formatted Contents Note
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.
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.
Summary
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. International Investment Law and History critically evaluates the use of historical analysis in international investment law. It examines the various roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticizing the current system of investment protection. This book is the first in-depth study on the methodological challenges and benefits of historical approaches 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.
Note
Includes index.
Source of Description
Description based on print record.
Location
WWW
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781786439963 e-book
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