The Contested History of International Investment Law From a Problematic Past to Current Controversies [Review of: K. Miles (2015) The Origins of International Investment Law : empire, environment and the safeguarding of capital]

Authors
Publication date 07-2015
Journal International Community Law Review
Volume | Issue number 17 | 3
Pages (from-to) 373-388
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for European Law and Governance (ACELG)
Abstract
In her new book ‘The Origins of International Investment Law’, Kate Miles reinforces calls for the reform of international investment law with a reconstruction of the field’s historical development, arguing that the regime’s exclusive emphasis on the protection of investment at the expense of other societal and environmental interests is a consequence of its historical roots in colonialism and imperialism. This review essay summarizes the core of Miles’ argument, while also highlighting some alternative narratives of the history of international investment law, which emphasize the perceived mutual interest of both capital-exporting and capital-importing states in creating the current regime. The essay concludes by demonstrating that Miles’ reform proposals rely on a particular perspective on the desirable purpose and scope of international investment law.
Document type Review article
Language English
Published at https://doi.org/10.1163/18719732-12341309
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