International investment law and constitutional law

Author(s)

• Schill, Stephan (Stephan W.)
• Tams, Christian J.

Bibliographic Information

International investment law and constitutional law

edited by Stephan W. Schill, Christian J. Tams

（Frankfurt investment and economic law series）

Edward Elgar Publishing, c2022

• hbk.

Note

includes index

Description and Table of Contents

Description

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.

Table of Contents

Contents: PART I INTRODUCTION 1 International investment protection and constitutional law: Between conflict and complementarity 2 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? 39 Markus Krajewski 3 International investment law, democratic legitimacy, and the protection of human rights: Transforming constitutional property protection 56 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 94 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 119 Sabrina Robert-Cuendet 6 Constitutional courts and international investment law in Latin America: Between escalation and conditional coexistence 149 Jose Gustavo Prieto Munoz 7 The constitutional fundamentals of EU investment policy 180 Angelos Dimopoulos 8 Constraints on intra-EU BITs in the Union legal order 221 Hannes Lenk PART IV CONSTITUTIONAL ANALOGIES IN INTERNATIONAL INVESTMENT LAW 9 Investment protection standards as global constitutional law 255 Joshua Paine 10 Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or international adjudication? 306 Valentina Vadi Index 353

by "Nielsen BookData"

Details

• NCID: BD00471953
• ISBN:
  • 9781839100413
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Cheltenham
• Pages/Volumes: xi, 380 p.
• Size: 24 cm
• Classification:
  • DC23 : 346.092
• Subject Headings:
  • LCSH : Investments, Foreign (International law)
  • LCSH : Constitutional law
• Parent Bibliography ID:
  • BB20722155