Hardback

International Investment Law and Constitutional Law

9781839100413 Edward Elgar Publishing
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
Publication Date: November 2022 ISBN: 978 1 83910 041 3 Extent: c 400 pp
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.

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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.
Critical Acclaim
‘Thanks to Stephan Schill, Christian Tams and the colleagues they have assembled, the reader is given a wide-ranging insight to the various interactions between investment law and constitutional law. The book shows us that we are at a time of multiple encounters between these two bodies of law. The points of synergy and tension in these encounters are explored, such as the potential for shared values across these legal disciplines, the constraints that constitutional law imposes on investment law and arbitration, as well as the constitutionalization trends in investment law, among others. This is a must read book for those who wish to grasp the fundamental evolution of international economic law, and more especially investment law.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland
Contributors
Contributors include: Angelos Dimopoulos, Rhea Tamara Hoffmann, Till Patrik Holterhus, Markus Krajewski, Hannes Lenk, Joshua Paine, José Gustavo Prieto Muñoz, Sabrina Robert-Cuendet, Stephan W. Schill, Christian J. Tams, Valentina Vadi
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