The First Bilateral Investment Treaties is the primary and solely historical past of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of these treaties. The 22 U.S. postwar FCN treaties have been the primary bilateral funding treaties ever concluded, and almost all the core provisions within the fashionable community of greater than 3000 worldwide funding agreements worldwide hint their origin to those FCN treaties. This e-book explains the unique understanding of the language of this huge community of agreements which have been and proceed to be the topic of lots of of worldwide arbitrations and billions of in claims. It is predicated on a assessment of some 32,000 pages of negotiating historical past housed within the National Archives.
This e-book demonstrates that the funding provisions have been based on the New Deal liberalism of the Roosevelt-Truman administrations and have been supposed to amass for U.S. firms investing overseas the identical protections that overseas traders already obtained within the United States underneath the U.S. Constitution. It chronicles the failed U.S. try to receive safety for funding via the proposed International Trade Organization (ITO), offering the primary and solely historical past of the investment-related provisions within the ITO Charter. It then reveals how the FCN treaties, which dated again to 1776 and initially involved with establishing commerce and maritime relations, have been re-conceptualized as funding treaties to offer funding safety bilaterally. This e-book can also be a piece of diplomatic historical past, providing an account of the negotiating historical past of every of the 22 treaties and describing U.S. negotiating coverage and technique.