International Investment Law and History
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International Investment Law and History

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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Chapter 9: The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention

Yuliya Chernykh

Abstract

The chapter casts light on the unknown role of Sir Elihu Lauterpacht in drafting the Abs-Shawcross Draft Convention on Investments Abroad in 1958–1959. Although the document never came into force, it was at the time of its drafting one of the most mature and influential attempts to codify international investment law. In addition to a thorough restatement of existing principles of international law on protection of aliens, the Draft Convention introduced novel machinery into the procedures of dispute resolution. An individual’s direct access to remedies outside the scope of diplomatic protection, albeit subject to a state’s additional consent, became an important transitional step towards investor-state dispute settlement (ISDS), as we presently know it. The chapter is based on unique materials obtained from the private archive of Sir Elihu Lauterpacht, which demonstrate his role in drafting and shaping the most vital and valuable part of the Abs-Shawcross Draft Convention on Investments Abroad, namely its dispute resolution provisions.

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