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This chapter aims to show the role of oil concessions and arbitrations conducted on disputes arising from them for the internationalisation of contracts. The Sheikh of Abu Dhabi Arbitration between the British oil company Petroleum Development (Trucial Coast Ltd) and the Sheikh of Abu Dhabi of 1951 was one of the first of a number of arbitrations against oil-producing countries in the Middle East in the period after the Second World War and serves as a point of entry for this analysis. The argument this chapter advances is twofold. First, it aims to suggest that the construction of the international legal order over concession agreements shielded the economic sphere from sovereign assertions over production and resources and thereby maintained imperial patterns of domination in favour of Western states and their companies. Second, it argues that the driving force behind the making of this international legal order was the theory and practice of British international lawyers relying on notions of natural law, on creative argumentation and on repetition to establish the authority of the international legal order.
Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
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