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

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
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

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