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The Origins Of International Investment Law: Unraveling the Genesis of a Global Legal Framework

Levi Powell

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Published in The Origins Of International Investment Law: Empire Environment And The Safeguarding Of Capital (Cambridge Studies In International And Comparative Law 99)

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The Origins Of International Investment Law, authored by renowned legal scholar Dr. Catherine Schenk, delves into the rich history and evolution of international investment law, tracing its roots from ancient times to the modern era. This comprehensive and meticulously researched book provides a profound understanding of the legal principles, treaties, and institutions that have shaped this complex field.

The Origins of International Investment Law: Empire, Environment and the Safeguarding of Capital (Cambridge Studies in International and Comparative Law Book 99)

by Kate Miles

5 out of 5

Language	:	English
File size	:	2145 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
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Print length	:	499 pages

Historical Foundations: The Seeds of International Investment Law

The book begins by exploring the historical foundations of international investment law, tracing its origins to ancient practices of trade and commerce. Dr. Schenk examines early forms of investment protection, such as the concept of reciprocity and the notion of state responsibility for the treatment of foreign investors. She highlights the influence of Roman law, medieval trade practices, and the writings of early legal scholars in laying the groundwork for the development of international investment law.

The Emergence of Bilateral Investment Treaties and International Arbitration

The book then delves into the 19th and 20th centuries, a period that witnessed the proliferation of bilateral investment treaties (BITs) between states. Dr. Schenk analyzes the key provisions of these treaties, including fair and equitable treatment, protection against expropriation, and the right to international arbitration. She explains the role of BITs in promoting foreign investment and providing a framework for resolving disputes between investors and host states.

The book also examines the emergence of international arbitration as a mechanism for resolving investment disputes. Dr. Schenk traces the development of arbitration institutions, such as the International Centre for Settlement of Investment Disputes (ICSID),and analyzes the principles and procedures of international investment arbitration.

The Post-World War II Era and the Multilateralization of Investment Law

The post-World War II era saw a shift towards multilateral approaches to international investment law. Dr. Schenk examines the role of the United Nations and other international organizations in promoting investment and developing multilateral investment agreements. She analyzes the key provisions of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States and the impact of this treaty on the field of international investment law.

Contemporary Challenges and Future Directions

The final part of the book addresses contemporary challenges and future directions in international investment law. Dr. Schenk explores the impact of globalization, the rise of emerging markets, and the increasing emphasis on sustainable development on the field. She examines recent developments in international investment arbitration, including the growing use of third-party funding and the challenges posed by investor-state dispute settlement (ISDS).

: A Comprehensive and Invaluable Resource

The Origins Of International Investment Law is an indispensable resource for anyone seeking a comprehensive understanding of the historical evolution, legal principles, and contemporary challenges of international investment law. Dr. Schenk's masterful analysis and meticulous research provide valuable insights into the complex interplay between investment, law, and global economic development.

Whether you are a legal professional, an investor, a government official, or an academic, this book will prove to be an invaluable guide to the origins and future directions of international investment law.

To Free Download your copy of The Origins Of International Investment Law, please visit [link to Free Download].

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The Origins of International Investment Law: Empire, Environment and the Safeguarding of Capital (Cambridge Studies in International and Comparative Law Book 99)

by Kate Miles

5 out of 5