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

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.