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International Investment Protection and Constitutional Law

International Investment Protection and Constitutional Law

Author: Stephan W. Schill; Christian J. Tams
Publisher: Edward Elgar Publishing
ISBN: 9781839100413
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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