International Investment Law and Constitutional Law
Title | International Investment Law and Constitutional Law PDF eBook |
Author | Stephan W. Schill |
Publisher | Edward Elgar Publishing |
Pages | 0 |
Release | 2022-11-10 |
Genre | |
ISBN | 9781839100413 |
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.
Constitutional Review and International Investment Law
Title | Constitutional Review and International Investment Law PDF eBook |
Author | David Schneiderman |
Publisher | Oxford University Press |
Pages | 273 |
Release | 2024-07-18 |
Genre | Law |
ISBN | 0198885563 |
Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.
Investment Protection Standards as Global Constitutional Law
Title | Investment Protection Standards as Global Constitutional Law PDF eBook |
Author | Joshua Paine |
Publisher | |
Pages | 45 |
Release | 2019 |
Genre | |
ISBN |
This chapter considers whether the substantive standards of investment protection contained in investment treaties can be understood as an emerging form of global constitutional law. It argues that investment treaty law is an example of what the global constitutionalism literature refers to as 'supplementary constitutionalization', being a type of international law that addresses issues that have traditionally been mainly regulated by domestic constitutional and administrative law. The upshot is that on issues such as the balance between private property protection and the state's right to regulate, or due process guarantees owed by the state in dealings with private parties, domestic constitutional orders are supplemented by a parallel, and not identical, international regime that applies to foreign investors. This chapter adds conceptual clarity to the existing debate concerning the ways in which investment treaty law may exhibit 'constitution-like' qualities (a suggestion that has been made both by staunch critics of the regime and more reform-minded commentators). In light of the conceptual framework developed, the chapter undertakes a detailed analysis of the three standards of investment treaty protection that have been the basis for prior claims that this regime displays constitutional qualities: fair and equitable treatment, the protection against expropriation, and the guarantee of national treatment. These standards, and in particular the first two, are shown to address issues that are also frequently dealt with by domestic constitutional and administrative law. The supplementary constitutionalization perspective helps us better understand the two-way national-international interaction that is central to the investment treaty regime. The perspective also foregrounds some key normative questions regarding the way in which investment treaty law can reshape domestic constitutional balances.
State Liability in Investment Treaty Arbitration
Title | State Liability in Investment Treaty Arbitration PDF eBook |
Author | Santiago Montt |
Publisher | Bloomsbury Publishing |
Pages | 460 |
Release | 2009-11-30 |
Genre | Law |
ISBN | 1847315488 |
Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.
Shifting Paradigms in International Investment Law
Title | Shifting Paradigms in International Investment Law PDF eBook |
Author | Steffen Hindelang |
Publisher | Oxford University Press |
Pages | 497 |
Release | 2016-01-22 |
Genre | Law |
ISBN | 0191058289 |
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Human Rights in International Investment Law and Arbitration
Title | Human Rights in International Investment Law and Arbitration PDF eBook |
Author | Pierre-Marie Dupuy |
Publisher | Oxford University Press |
Pages | 646 |
Release | 2009 |
Genre | Law |
ISBN | 0199578184 |
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Resisting Economic Globalization
Title | Resisting Economic Globalization PDF eBook |
Author | D. Schneiderman |
Publisher | Springer |
Pages | 218 |
Release | 2013-05-15 |
Genre | Law |
ISBN | 1137004061 |
There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.