The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties by Kenneth J. VandeveldeThe First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties by Kenneth J. Vandevelde

The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

byKenneth J. Vandevelde

Hardcover | May 17, 2017

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The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treatiesever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been andcontinue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives.This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S.Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties anddescribing U.S. negotiating policy and strategy.
Kenneth J. Vandevelde is Professor of Law at Thomas Jefferson School of Law where he teaches international investment law and arbitration as well as public international law. He served as President and Dean of the law school from 1994 to 2005. Professor Vandevelde published extensively on international investment law, arbitration, and ...
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Title:The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation TreatiesFormat:HardcoverDimensions:592 pages, 9.25 × 6.12 × 0.98 inPublished:May 17, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190679573

ISBN - 13:9780190679576

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Editorial Reviews

"Professor Vandevelde provides a very much needed prequel to studies of the modern investment treaty regime. He traces key treaty provisions back to the late 1940s when efforts to launch an International Trade Organization failed, and investment principles then migrated into U.S. Friendship,Commerce, and Navigation (FCN) treaties. Most valuable is the chapter collecting the U.S. State Department's interpretation of provisions so central in bilateral investment treaties disputes today." --Professor Lucy Reed, Director of the Centre for International Law, National University of Singapore