The Gust of Wind: The Unknown Role of Sir Elihu Lauterpacht in the Drafting of the Abs-Shawcross Draft Convention
Stephan W.Schill, Christian J.Tams, Rainer Hofmann (eds.) International Investment Law and History (Edward Elgar Publishing 2018) 241-286.
45 Pages Posted: 26 Apr 2018
Date Written: 2018
By using archive materials, the book chapter sheds light on the unknown role of Sir Elihu Lauterpacht in shaping the most valuable part of the Abs-Shawcross Draft Convention, namely its dispute resolution provisions. This discovery is significant because it explains the origin of the dispute resolution machinery that aimed to cover inter-state and investor-state disputes in the most efficient way. Most importantly, it explains the origin of the novel investor-state dispute settlement (ISDS) procedure that appeared for the first time in the Abs-Shawcross Draft Convention, a multiparty treaty, albeit only a draft one, and that attempted to grant individuals direct access to remedies beyond diplomatic protection. Although the state’s consent to arbitrate was still required by the Abs-Shawcross Draft Convention, it was nevertheless an important transitional step towards ISDS as we presently know it.
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