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Bray, Heather L. --- "Understanding change: Evolution from international claims commissions to investment treaty arbitration" [2018] ELECD 126; in Schill, W. Stephan; Tams, J. Christian; Hofmann, Rainer (eds), "International Investment Law and History" (Edward Elgar Publishing, 2018) 102

Book Title: International Investment Law and History

Editor(s): Schill, W. Stephan; Tams, J. Christian; Hofmann, Rainer

Publisher: Edward Elgar Publishing

ISBN: 9781786439956

Section: Chapter 4

Section Title: Understanding change: Evolution from international claims commissions to investment treaty arbitration

Author(s): Bray, Heather L.

Number of pages: 34

Abstract/Description:

This chapter uses historical research as a way to understand and explain institutional change in international dispute settlement bodies over time. The chapter’s argument is that investment treaty arbitration, which is often conceptualized in the literature as a modern post-World War II development, is not a radical departure from earlier mechanisms for resolving international claims against states for mistreatment of foreign investors but rather is a natural continuation or evolution from earlier models such as international claims commissions. Using five criteria – the origin of the dispute, the status of the individual, the role of peace, the quantity and method for processing claims, and the composition of the decision makers – the chapter charts an evolutionary pathway between international claims commissions and investment treaty arbitration and show an organic transformation between these two dispute settlement models.