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Edited by Stephan W. Schill, Christian J. Tams and Rainer Hofmann

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Edited by Stephan W. Schill, Christian J. Tams and Rainer Hofmann

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Stephan W. Schill, Christian J. Tams and Rainer Hofmann

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Edited by Stephan W. Schill, Christian J. Tams and Rainer Hofmann

Foreign investment is meant to contribute to the host country’s development, and yet international investment law has often been seen as an obstacle to (sustainable) development. So are investment and development friends or foes? Combining critical reflection and detailed analysis, this timely volume explores the relationship between the two concepts and explores options of harnessing investment for development.
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Edited by Stephan W. Schill, Christian J. Tams and Rainer Hofmann

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Stephan W. Schill, Christian J. Tams and Rainer Hofmann

This chapter provides a critical introduction into the state of the art of historical approaches to international investment law. Reviewing the status quo, it traces the use of historical arguments in investor-state dispute settlement and provides an overview of the existing, historically informed scholarship in the field. The chapter then focuses on the blindspots in the historical analysis of international investment law and sketches out how a fuller and more reflective engagement with, and use of, the historical method could benefit the field. To illustrate the potential of historical approaches, the chapter then situates the different contributions to the present book. It concludes by suggesting that historical approaches to international investment law could not only enrich this specialized field of international law, but also stimulate, more generally, the interest of international legal historiography in international economic law and the economic foundations of international law.

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Edited by Stephan W. Schill, Christian J. Tams and Rainer Hofmann

Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.
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Edited by Christian J. Tams, Stephan W. Schill and Rainer Hofmann

This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.