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International Investment Protection and Constitutional Law

Edited by: Stephan W. Schill, Christian J. Tams

ISBN13: 9781839100413
Published: November 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00



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This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.

Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement.

Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.

Subjects:
International Investment Law
Contents:
Preface
PART I. INTRODUCTION
1. International investment protection and constitutional law: between conflict or complementarity
Stephan W Schill and Christian J Tams
PART II. FRAMING THE DEBATE: HUMAN RIGHTS – DEMOCRACY – RULE OF LAW
2. Re-embedding foreign investment through human rights obligations for business entities: a nightmare or a noble dream?
Markus Krajewski
3. International investment law, democratic legitimacy and the protection of human rights: transforming constitutional property protection
Rhea Tamara Hoffmann
4. ‘Which It Seeks to Advance in the Wider World’ – the EU’s legal obligation to promote the rule of law in
international investment law
Till Patrik Holterhus
PART III. CONSTITUTIONAL LAW LIMITS IN COMPARATIVE PERSPECTIVE
5. Investor-state dispute settlement and French constitutional law: the Conseil constitutionnel’s decision of 31 July 2017 on CETA
Sabrina Robert-Cuendet
6. Constitutional courts and international investment law in Latin America: between escalation and conditional coexistence
José Gustavo Prieto Muñoz
7. The constitutional fundamentals of EU investment policy
Angelos Dimopoulos
8. Constraints on intra-EU BITs in the Union legal order
Hannes Lenk
PART IV. CONSTITUTIONAL ANALOGIES IN INTERNATIONAL INVESTMENT LAW
9. Investment protection standards as global constitutional law
Joshua Paine
10. Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or
international adjudication?
Valentina Vadi