International Investment Law and History

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International Investment Law and History

International Investment Law and History
Edward Elgar | English | 2018 | ISBN-10: 1786439956 | 400 pages | PDF | 2.47 MB

by Stephan W. Schill (Author, Editor), Christian J. Tams (Author, Editor), Rainer Hofmann (Author, Editor)

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

'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

'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

About the Author
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