Investor’s Quest for Judicial Security: Reading Ottoman Capitulations from the Contemporary Understanding of International Economic Law

Development summary

The article reads Ottoman capitulations as a historical example of the substantive and procedural safeguards extended to foreign investors. It shows that consular courts, mixed commissions and arbitration-like mechanisms offered solutions beyond the limits of Ottoman law, while the unilateral and extensive use of most-favoured-nation clauses gradually weakened Ottoman jurisdiction over foreigners. It also examines how the pursuit of a more advantageous status operated through foreign-flag shipping and the “protégé” system.