By Kate Miles
Foreign funding legislation is a fancy and dynamic box. but, the results of its background are under-explored. Kate Miles examines the old evolution of foreign funding legislation, assessing its origins within the advertisement and political expansionism of dominant states through the 17th to early 20th centuries and the continuing resonance of these origins inside glossy international funding defense legislations. particularly, the exploration of the actions of the Dutch East India corporation, Grotius' treatises, and pre-World conflict II overseas funding disputes presents perception into present controversies surrounding the interaction of private and non-private pursuits, the systemic layout of investor-state arbitration, the important concentration of ideas, and the therapy of environmental concerns inside overseas funding legislations. In adopting such an process, this booklet offers a clean conceptual framework in which modern matters could be tested and creates new understandings of these controversies
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Additional info for The Origins of International Investment Law: Empire, Environment and the Safeguarding of Capital
In essence, my argument is that the political context in which the rules emerged shaped international investment law in fundamental ways, and that these origins still resonate within its modern principles, structures, agreements, and dispute resolution systems. I seek to show how this is illustrated in its sole focus on investor protection,8 its lack of responsiveness to the impact of investor activity on the local communities and environment of the host state,9 the alignment of home state interests with those of the investor,10 the categorisation of public welfare regulation as a treaty violation,11 and the commodification of the environment in host states for the use of foreign entities.
For the current raft of investor–state disputes, the thousands of bilateral investment treaties now in existence, and the states in negotiations for new investment agreements? These were the questions that carried me into this book to explore the origins of international investment law and their implications for foreign investment protection law and policy in the twenty-first century. In essence, my argument is that the political context in which the rules emerged shaped international investment law in fundamental ways, and that these origins still resonate within its modern principles, structures, agreements, and dispute resolution systems.
Can the conceptualisations of empire still be imbued within modern international investment law, policy, and practices? If so, how has this manifested and what forms of rearticulation could be entertained? Could a cultural transformation of such magnitude occur? Can ingrained patterns be disrupted? Whose narratives, whose histories, will be legitimised? Whatever the outcomes, it is certainly the case that an appreciation of the history of this field will lead to a more profound understanding of both the current framework and future paths for this area of international law.