(Source: Edward Elgar Publishing)
Edward Elgar Publishing is publishing a book on “International Investment Law and History”, as part of the Frankfurt Investment and Economic Law series, in February 2018.
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.
TABLE OF 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-PaulsenMore information (including the possibility to pre-order the book) can be found at the site of the publisher.
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