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Making the World Safe for Investment: The Protection of Foreign Property 1922โ€“1959

โœ Scribed by Andrea Leiter


Publisher
Cambridge University Press
Year
2023
Tongue
English
Leaves
188
Series
Cambridge Studies in International and Comparative Law, 178
Category
Library

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โœฆ Synopsis


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.


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