Beyond Dispute Resolution: Historical Investor-State Arbitration as Governance - (Nijhoff International Investment Law) by Vladislav Djanic

About the Book

Based on extensive original archival research, the book challenges the conventional account that perceives the governance role of investor-state arbitration as a radical innovation, and instead argues that direct investor-state arbitration has historically long been an important vehicle of governance.

Book Synopsis

This book breaks open new frontiers in historical research on investor-state arbitration (ISA) by discussing long-forgotten case law, the first-hand involvement with early ISA by key historical political figures such as Winston Churchill and President Taft, early 20th-century debates in Canada's parliament, and treaty-based ISAs that considerably predate the advent of the BIT. Stemming from extensive original archival research conducted at numerous private and public archives located in five countries and on two continents, this book ties these (and other) fascinating factual underpinnings together to argue that--contrary to conventional wisdom--direct ISA has long been an important vehicle of governance.