The investor-rights code envisioned an international arbitration court bypassing national courts

Evidence

Abs’s proposal opened an international conversation on the rights of the investor. His “cap­i­tal­ist Magna Carta” would oblige signees to abstain from “direct or indirect illegal interference” with “foreign capital” and would create an International Court of Arbitration to judge violations. Investors could turn to the third-­party court first, without using local courts. To punctuate the need for his code, Abs brought up the recent cases of the expropriation of the Anglo-­Iranian Oil Com­ pany, the United Fruit Com­pany in Guatemala, the Suez Canal, Dutch land in Indonesia, and foreign-­owned power plants in Argentina. — Quinn Slobodian, Globalists, 464

Categorization

  • DEFINE: Concise articulation of the core institutional mechanism — supranational arbitration bypassing host-country courts — that later became ISDS.
  • XREF: Direct precursor of modern investor-state dispute settlement (ISDS) provisions in trade treaties. — connects to: The US favored bilateral investment treaties over UN multilateral corporate regulation — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin: The Making…, 1797; Private arbitration systems resolve disputes without public accountability.

Broader Connections