The Contested History of International Investment Law. From a Problematic Past to Current Controversies

in International Community Law Review (2015), 17(3), 373-388

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 ... [more ▼]

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. [less ▲]