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This extraordinary book by Elisabeth Tamedly, as scholarly as it is passionate, argues that socialism, despite its internationalist aspirations, is not capable of accomplishing stable international peace and order. If we postulate a true democracy, society is to be built not on centralization, but on federalism and decentralized decision making much as Proudhon had outlined it a century ago. But it is impossible to realize this political order without its economic counterpart: a free market economy based on competition. It was first published in 1969 but has long been unavailable.
The theory of international economic order is concerned with two basically different types of human relationships: those that belong to the private sphere of the individual and which are amenable to the rule of law (the "dominium") and those that are backed by sovereign national power (the "imperium"). It is very important to know which fields of human activity are subject, within a given state, to imperium and which are left to the regulating influence of market values and private law.
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
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Includes, beginning Sept. 15, 1954 (and on the 15th of each month, Sept.-May) a special section: School library journal, ISSN 0000-0035, (called Junior libraries, 1954-May 1961). Also issued separately.