Constitutionalizing economic globalization : investment rules and democracy's promise
著者
書誌事項
Constitutionalizing economic globalization : investment rules and democracy's promise
（Cambridge studies in law and society）
Cambridge University Press, 2008
- : hbk
- : pbk
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注記
Includes bibliographical references (p. 254-312) and index
内容説明・目次
内容説明
Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions - between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
目次
- Introduction: the new constitutional order
- Part I. Rules: 1. The investment rules regime
- 2. The takings rule
- 3. Investment rules in action
- Part II. Projects: 4. Health and the environment
- 5. Land and empowerment
- 6. Privatization and democratization
- Part III. Resistance: 7. Citizenship
- 8. The rule of law
- 9. A world of possibilities.
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