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

Abstract

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.

Suggested Citation

Chernykh, Yuliya, The Gust of Wind: The Unknown Role of Sir Elihu Lauterpacht in the Drafting of the Abs-Shawcross Draft Convention (2018). Stephan W.Schill, Christian J.Tams, Rainer Hofmann (eds.) International Investment Law and History (Edward Elgar Publishing 2018) 241-286.. Available at SSRN: https://ssrn.com/abstract=3157925

Yuliya Chernykh (Contact Author)

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

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