The Treatification of International Investment Law: a Victory of Form Over Life? a Crossroads Crossed?
Article from: TDM 3 (2006), in International Investment Law at a Crossroads (Special)
In the immediate post-World-War II era, as international investment gained momentum, foreign investors who sought the protection of international investment law encountered an ephemeral structure consisting largely of scattered treaty provisions, a few contested customs, and some questionable general principles of law. For investors, that international legal structure was seriously deficient in at least four respects. First, it was incomplete, for it failed to take account of contemporary investment practices and to address important issues of investor concern, such as their ...