ISBN : 9780198789918
The book tells the fascinating, unexpected story behind one of the most controversial areas of international law. Investor-state arbitration gives foreign investors the right to bring cases directly against states - and this book is the first to explain who constructed it and why.
Introduction; 1 International Officials and the Rise of ISDS: A Historical Institutionalist Account; Part I. Creating the Convention; 2 Gunboats and Diplomacy: Antecedents of the ICSID Convention; 3 Intergovernmental Bargaining: 'The Lowest Common Denominator Was Not Yet Low Enough'; 4 Supranational Agenda-Setting: The World Bank's 'Modest Proposal'; 5 Intergovernmental Deliberation and Ratification of ICSID; Part II. Eliciting State Consent; 6 Layering: How Investor-State Arbitration Was Added to Investment Treaties; 7 Conversion: America Embraces Investor-State Arbitration; 8 Why is Exit So Hard? Positive Feedback and Institutional Persistence; Conclusion