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"This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve more than historically discredited reasons to justify the exercise of power over them - something more than mere pretext"--
List of contents
Introduction; 1. Colonialism of investment law; 2. Imperialism of investment law; 3. The decline and rise of standards of civilized justice; 4. The stifling threat of debt; 5. The difficulty of decolonizing investment law; 6. Divesting for development; Conclusion.
About the author
David Schneiderman is Professor of Law and Political Science at the University of Toronto where he teaches and writes in the areas of constitutional law and international investment law. He has been visiting Professor of Law at Gothenburg University, University of Stockholm, Tel Aviv University, Hebrew University of Jerusalem, Georgetown University, Columbia University and the New School for Social Research. He is the author of over eighty articles and book chapters and also the author or editor of twelve books.
Summary
Connects narratives of the past to the international regime protecting property and contract rights of foreign investors. Justifications sustaining discredited practices associated with colonialism, imperialism, and civilized justice resemble those offered in support of investment law. These linkages raise concerns about investment law's premises.
Foreword
Connects narratives associated with colonialism, imperialism, civilized justice, debt, and development to international investment treaty law and arbitration.