The Origins Of International Investment Law by Kate Miles

Empire, Environment and the Safeguarding of Capital

This study traces how international investment law emerged from imperial expansion and resource extraction, moving from diplomatic protection and concession agreements to modern treaties and investor–state arbitration, and shows how early power asymmetries and the safeguarding of foreign capital shaped doctrines like expropriation and fair and equitable treatment. It challenges the narrative of depoliticization, highlights the enduring imprint of colonial and corporate interests, and examines the persistent tensions between investment protection, environmental governance, and public welfare to inform contemporary reform debates.

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