Edited by Stephan W. Schill, Christian J. Tams and Rainer Hofmann
Chapter 9: The gust of wind: The unknown role of Sir Elihu Lauterpacht in the drafting of the Abs-Shawcross Draft Convention
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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