Overview
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.
Full Product Details
Author: Stephan W. Schill ,
Christian J. Tams
Publisher: Edward Elgar Publishing Ltd
Imprint: Edward Elgar Publishing Ltd
ISBN: 9781839100413
ISBN 10: 1839100419
Pages: 392
Publication Date: 29 November 2022
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: In Print
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Reviews
'This book offers a unique comparative contribution to the incredibly important but insufficiently investigated intersections between investment law and constitutional law. As legal systems in Europe and elsewhere grapple with these common problems at both doctrinal and systemic levels, this volume is essential reading for judges, arbitrators, lawyers and policymakers.' -- Peter B. Rutledge, University of Georgia School of Law, US 'The interface between investment law and constitutional law is an issue of increasing salience to treaty negotiators, lawyers, apex court judges, and scholars. In this impressive collection, representing a diverse range of provocative perspectives, the authors help to further a research agenda too long overlooked. Of interest to the contributors are not only investment law's impact on national and regional constitutional systems but also the prospects of investment law as nascent global constitutional law. If investment law scholarship has been too preoccupied with discrete doctrinal developments, this book should spark new thinking about the regime's impact on the constitutional world-at-large.' -- David Schneiderman, University of Toronto, Canada '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
'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
Author Information
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
