International investment protection and constitutional law / edited by Stephan W. Schill (professor of international and economic law and governance, University of Amsterdam, the Netherlands) and Christian J. Tams, (professor of international law, University of Glasgow, UK).
2022
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Details
Title
International investment protection and constitutional law / edited by Stephan W. Schill (professor of international and economic law and governance, University of Amsterdam, the Netherlands) and Christian J. Tams, (professor of international law, University of Glasgow, UK).
Added Corporate Author
Imprint
Cheltenham, UK : Edward Elgar Publishing Limited, 2022.
Description
1 online resource (392 pages).
Series
Frankfurt investment and economic law.
Formatted Contents Note
Contents: Preface
Part I. Introduction. 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
Re-embedding foreign investment through human rights obligations for business entities: A nightmare or a noble dream? / Markus Krajewski
International investment law, democratic legitimacy and the protection of human rights: Transforming constitutional property protection / Rhea Tamara Hoffmann
'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
Investor-state dispute settlement and French constitutional law: The conseil constitutionnel's decision of 31 July 2017 on ceta / Sabrina Robert-Cuendet
Constitutional courts and international investment law in Latin America: Between escalation and conditional coexistence / José Gustavo Prieto Muñoz
The constitutional fundamentals of EU investment policy / Angelos Dimopoulos
Constraints on intra-eu bits in the union legal order / Hannes Lenk
Part IV. Constitutional analogies in international investment law
Investment protection standards as global constitutional law / Joshua Paine
Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or international adjudication? / Valentina Vadi
Index.
Part I. Introduction. 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
Re-embedding foreign investment through human rights obligations for business entities: A nightmare or a noble dream? / Markus Krajewski
International investment law, democratic legitimacy and the protection of human rights: Transforming constitutional property protection / Rhea Tamara Hoffmann
'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
Investor-state dispute settlement and French constitutional law: The conseil constitutionnel's decision of 31 July 2017 on ceta / Sabrina Robert-Cuendet
Constitutional courts and international investment law in Latin America: Between escalation and conditional coexistence / José Gustavo Prieto Muñoz
The constitutional fundamentals of EU investment policy / Angelos Dimopoulos
Constraints on intra-eu bits in the union legal order / Hannes Lenk
Part IV. Constitutional analogies in international investment law
Investment protection standards as global constitutional law / Joshua Paine
Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or international adjudication? / Valentina Vadi
Index.
Summary
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781839100420 e-book
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