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.
Dr. Todd Weiler is an independent counsel and arbitrator. Credited for his creative and engaging style, he is widely recognised as an authority on international investment law and arbitration.
"Todd Weiler's Interpretation of International Investment Law is work of intellectual breadth and comprehension. Ten years in the making (and reflecting in part the author's doctoral studies at the University of Michigan), this book provides an in-depth historical analysis of the origin of basic international investment law norms...This is an important work, which, in addition to addressing investment law, contains some important insights on international trade law and the meaning of terms in the 1947 General Agreement on Tariffs and Trade. It offers the benefits of an academically rigorous approach, applied by someone with actual case experience. It is quite possible, maybe even likely, that (in the words of the foreword writer, Judge Charles Brower) this book will "become as ubiquitous as Gideon Bibles in arbitrazniks' tool kits."
-Timothy G. Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom LLP, Global Arbitration Review
Foreword by Charles N. Brower
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