Full Description
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
This stimulating contribution to the discourse on interpretation of international investment law standards sheds new light on the formation of such primary obligations as fair and equitable treatment, protection and security and the customary international law minimum standard of treatment for aliens. Additionally, a thought-provoking historical analysis explains why a one-size-fits-all approach to obligations found in both trade and investment treaties, such as MFN treatment and national treatment, must be rejected. With a keen attention to detail, The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context reveals the dynamic relationship between historical analysis, critical theory and the construction of both customary and treaty norms in international investment law.
Contents
Foreword by Charles N. Brower
Preface
Chapter One Fundamental Norms of International Investment Law
Chapter Two Historical Analysis and the Interpretation of International Investment Law
Chapter Three Protection and Security: The Standard in Historical Context
Chapter Four Protection and Security: Before and After the Standard of Civilisation
Chapter Five Fair and Equitable Treatment: A 'True Story'
Chapter Six Fair and Equitable Treatment versus the CILMSTA: 'Bureaucrats Run Amok'
Chapter Seven Fair and Equitable Treatment and Arbitrary or Discriminatory Measures
Chapter Eight Development of the 'Treatment No Less Favourable' Standard: From the Beginning Until 1948
Chapter Nine Treatment No Less Favourable and International Investment Law
Chapter Ten Conclusion
