The First Bilateral Investment Treaties

Kenneth J. Vandevelde is Professor of Law at Thomas Jefferson School of Law where he teaches international investment law and arbitration as well as public international law. He served as President and Dean of the law school from 1994 to 2005. Professor Vandevelde published extensively on international investment law, arbitration, and bilateral investment treaties authoring: United States Investment Treaties: Policy and Practice (1992), U.S. International Investment Agreements (Oxford, 2009), and Bilateral Investment Treaties: History, Policy, and Interpretation (Oxford, 2010). He published a number of articles on international investment law included in the American Journal of International Law. He served as a consultant on international investment law to the Senate Foreign Relations Committee, the United Nations and various foreign governments. He worked at the U.S. Department of State's Office of the Legal Adviser and the Execut

Professor Vandevelde has produce a remarkable account of the history of friendship, commerce, and navigation agreements.

• IntroductionAbout This Book New Deal LiberalismNew Deal Liberalism in U.S. Foreign Investment Policy 1. U.S. Postwar Foreign Investment PolicyPromoting Global Full Employment The Role of International InvestmentThe Need to Promote and Regulate International Investment Developing a Foreign Investment Policy 2. Launching the U.S. Postwar FCN Treaty ProgramInauguration of the U.S. Postwar FCN Treaty ProgramPreparing a Standard Draft TreatyThe Influence of the American Business CommunityNegotiating the First Postwar FCN Treaty: ChinaNegotiating an FCN Treaty with Italy Proposing an FCN Treaty with the Soviet Union 3. Seeking a Multilateral Treaty on Investment: The International Trade OrganizationThe Proposal for an International Trade OrganizationThe London Preparatory MeetingThe Proposal for an Investment CodeDrafting an Investment CodeProposing an Investment Code in GenevaAmending the U.S. Proposal in GenevaNegotiating the U.S. Proposal in GenevaThe Cold War Comes to Geneva 4. Abandoning the International Trade Organization Devising a Strategy for the Havana Conference The Havana Conference The Aftermath of the Havana Conference 5. The FCN Treaties Become Investment TreatiesTruman Proposes the Point Four ProgramCreating a Point Four ProgramContemplating a New Investment Treaty Point Four Assistance and FCN TreatiesNegotiating an FCN Treaty with ColombiaNegotiating an FCN treaty with UruguayNegotiating an FCN Treaty with IrelandSenate Advice and Consent to Ratification 1950 6. Negotiating the First Bilateral Investment Treaties: The Truman YearsU.S. Negotiating StrategyNegotiating an FCN Treaty with GreeceNegotiating an FCN Treaty with DenmarkNegotiating with Italy -- AgainNegotiating an FCN Treaty with IsraelNegotiating an FCN Treaty with EthiopiaNegotiating an FCN Treaty with JapanSenate Advice and Consent to Ratification 1952-1953Investment Treaties at the End of the Truman Administration 7. Negotiating the First Bilateral Investment Treaties: After the Truman YearsNegotiating an FCN Treaty with GermanyNegotiating an FCN treaty with HaitiNegotiating an FCN Treaty with IranNegotiating an FCN Treaty with NicaraguaNegotiating an FCN Treaty with the NetherlandsNegotiating an FCN Treaty with KoreaNegotiating an FCN treaty with the Sultanate of Muscat and OmanNegotiating an FCN Treaty with PakistanNegotiating an FCN Treaty with FranceSenate Advice and Consent to Ratification 1960Negotiating an FCN treaty with BelgiumNegotiating an FCN Treaty with VietnamSenate Advice and Consent to Ratification 1961Negotiating an FCN Treaty with TogoNegotiating an FCN Treaty with ThailandContinuity in the Kennedy, Johnson, Nixon and Ford Administrations 8. The International Law of Foreign Investment in the FCN TreatiesCompanies Protected by the Treaty Fair and Equitable TreatmentMost Constant Protection and Security Treatment in Accordance with International LawUnreasonable or Discriminatory MeasuresNational TreatmentMost Favored Nation TreatmentExpropriationExchange ControlsEmployment Entry and SojournJudicial AccessCoTransparencyInternational Peace and SecurityEssential Security Interests ConsultationsCompromissory Clause Epilogue Appendix Excerpts from the 1955 Standard Draft U.S. FCN Treaty Index