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International Investment Protection and Constitutional Law

International Investment Protection and Constitutional Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781839100413
  • 出版时间 November 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,527.50

¥1,481.68 Save ¥45.83 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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
    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
    Sabrina Robert-Cuendet
    6. Constitutional courts and international investment law in Latin America: between escalation and conditional coexistence
    José Gustavo Prieto Muñoz
    7. The constitutional fundamentals of EU investment policy
    Angelos Dimopoulos
    8. Constraints on intra-EU BITs in the Union legal order
    Hannes Lenk
    PART IV. CONSTITUTIONAL ANALOGIES IN INTERNATIONAL INVESTMENT LAW
    9. Investment protection standards as global constitutional law
    Joshua Paine
    10. Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or
    international adjudication?
    Valentina Vadi

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