In an earlier era, treaties of Friendship, Commerce, and Navigation (FCNs) were the primary international law mechanism through which the U.S. government sought to promote and protect foreign investment. Conventional wisdom holds that FCNs are of only limited historical interest, having been...

The purpose of this paper is to explore discrepancies between transfer provisions in the US model BIT, employed as a working text in the ongoing China-USA BIT negotiations, and relevant Articles of the Agreement of the IMF, to which both China and the USA are signatories, with a view to advising...

These are Chapters One and Five of The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties, published by Oxford University Press in May 2017. Based on a review of 32,000 pages of negotiating history housed in the National Archives (as well as thousands...