International Investment Law: A Journey from the Past to the Future

Abstract

This chapter focuses on a systemic analysis of the key concepts and factors underpinning the development of international investment law within the boundaries of international law. A retrospective overview of the foundations of international investment law forms the basis on which the current state of international investment law is then approached. In the context of reviewing the complex phenomenon of international investment law, the application of the methodology of the history of law proves to be a valuable tool in determining (i) the boundaries of the prevailing legal concepts that surround the perception of law, as applies to international investments and current disputes thereof, and (ii) the opportunities that can transform the content/tools of law in relation to cross-border investments and the corresponding dispute settlement regimes going forward. In the conclusion—based on the review of the rapidly changing forms and content of investment within the current international political, economic, and human (social) interactions—the prospects of any future developments for international investment law are outlined and discussed. Finally, an evolutionary interim result is arrived at, which is described here as a journey from a chequered past to a multiverse future.