Introduction
About This Book
New Deal Liberalism
New Deal Liberalism in U.S. Foreign Investment Policy
1. U.S. Postwar Foreign Investment Policy
Promoting Global Full Employment
The Role of International Investment
The Need to Promote and Regulate International Investment
Developing a Foreign Investment Policy
2. Launching the U.S. Postwar FCN Treaty Program
Inauguration of the U.S. Postwar FCN Treaty Program
Preparing a Standard Draft Treaty
The Influence of the American Business Community
Negotiating the First Postwar FCN Treaty: China
Negotiating an FCN Treaty with Italy
Proposing an FCN Treaty with the Soviet Union
3. Seeking a Multilateral Treaty on Investment: The International Trade Organization
The Proposal for an International Trade Organization
The London Preparatory Meeting
The Proposal for an Investment Code
Drafting an Investment Code
Proposing an Investment Code in Geneva
Amending the U.S. Proposal in Geneva
Negotiating the U.S. Proposal in Geneva
The 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 Treaties
Truman Proposes the Point Four Program
Creating a Point Four Program
Contemplating a New Investment Treaty
Point Four Assistance and FCN Treaties
Negotiating an FCN Treaty with Colombia
Negotiating an FCN treaty with Uruguay
Negotiating an FCN Treaty with Ireland
Senate Advice and Consent to Ratification 1950
6. Negotiating the First Bilateral Investment Treaties: The Truman Years
U.S. Negotiating Strategy
Negotiating an FCN Treaty with Greece
Negotiating an FCN Treaty with Denmark
Negotiating with Italy — Again
Negotiating an FCN Treaty with Israel
Negotiating an FCN Treaty with Ethiopia
Negotiating an FCN Treaty with Japan
Senate Advice and Consent to Ratification 1952-1953
Investment Treaties at the End of the Truman Administration
7. Negotiating the First Bilateral Investment Treaties: After the Truman Years
Negotiating an FCN Treaty with Germany
Negotiating an FCN treaty with Haiti
Negotiating an FCN Treaty with Iran
Negotiating an FCN Treaty with Nicaragua
Negotiating an FCN Treaty with the Netherlands
Negotiating an FCN Treaty with Korea
Negotiating an FCN treaty with the Sultanate of Muscat and Oman
Negotiating an FCN Treaty with Pakistan
Negotiating an FCN Treaty with France
Senate Advice and Consent to Ratification 1960
Negotiating an FCN treaty with Belgium
Negotiating an FCN Treaty with Vietnam
Senate Advice and Consent to Ratification 1961
Negotiating an FCN Treaty with Togo
Negotiating an FCN Treaty with Thailand
Continuity in the Kennedy, Johnson, Nixon and Ford Administrations
8. The International Law of Foreign Investment in the FCN Treaties
Companies Protected by the Treaty
Fair and Equitable Treatment
Most Constant Protection and Security
Treatment in Accordance with International Law
Unreasonable or Discriminatory Measures
National Treatment
Most Favored Nation Treatment
Expropriation
Exchange Controls
Employment
Entry and Sojourn
Judicial Access
CoTransparency
International Peace and Security
Essential Security Interests
Consultations
Compromissory Clause
Epilogue
Appendix
Excerpts from the 1955 Standard Draft U.S. FCN Treaty
Index