Source: CUP |
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
Table of Contents:
Prologue pp xiii-xvi
Select 1 - Making the World Safe for Investment
1 - Making the World Safe for Investment pp 1-26
2 - The Palestine Railway Arbitration 1922 pp 27-49
3 - The Lena Goldfields Arbitration 1930 pp 50-73
4 - The Sheikh of Abu Dhabi Arbitration 1951 pp 74-106
5 - The Abs–Shawcross Draft Convention 1959 pp 107-135
Select 6 - Conclusions
6 - Conclusions pp 136-143
The World Is Safe for Investment
Bibliography pp 144-158
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