Abstract

http://ssrn.com/abstract=2150260
 


 



The Treaty of Friendship, Commerce, and Navigation in the Modern Era


John F. Coyle


University of North Carolina School of Law

September 21, 2012

Columbia Journal of Transnational Law, Vol. 51, p. 302, 2013
UNC Legal Studies Research Paper No. 2150260

Abstract:     
The bilateral treaty of friendship, commerce and navigation was for centuries a staple of international diplomacy. These treaties were famous for addressing a wide range of issues — including human rights, trade and investment protection — in a single document. In recent years, however, states have increasingly entered into specialized agreements on topics that were historically addressed by these treaties. Today, the conventional wisdom is that treaties of friendship, commerce and navigation are of primarily historical interest. This Article both confirms and challenges this conventional wisdom. It first provides a richly detailed account of how the treaty of friendship, commerce and navigation has been undermined as a source of rights in the United States over the past fifty years. It then goes on to argue that, notwithstanding this loss of influence, treaties of friendship, commerce and navigation continue to offer important conceptual insights to scholars and policy-makers in two ways. First, they show how treaty rights might be coordinated across specialized treaty regimes. Second, they show how treaty rights might be better balanced within a single regime. This Article suggests that a renewed appreciation for these insights could both enrich contemporary debates about the “fragmentation” of international law and lead to important reforms to the bilateral investment treaty regime.

Number of Pages in PDF File: 58

Keywords: FCN treaty, treaty, friendship, commerce, navigation, bilateral, investment, arbitration, workers' compensation, specialization, fragmentation

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Date posted: September 22, 2012 ; Last revised: October 11, 2013

Suggested Citation

Coyle, John F., The Treaty of Friendship, Commerce, and Navigation in the Modern Era (September 21, 2012). Columbia Journal of Transnational Law, Vol. 51, p. 302, 2013; UNC Legal Studies Research Paper No. 2150260. Available at SSRN: http://ssrn.com/abstract=2150260

Contact Information

John F. Coyle (Contact Author)
University of North Carolina School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-843-9634 (Phone)
HOME PAGE: http://www.law.unc.edu/faculty/directory/coylejohnf/

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