International Investment Protection and Constitutional Law

Edited by Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands and Christian J. Tams, Dickson Poon School of Law, King’s College London, UK

• Contents:PART I INTRODUCTION1 International investment protection and constitutional law:Between conflict and complementarity 2Stephan W. Schill and Christian J. TamsPART II FRAMING THE DEBATE: HUMAN RIGHTS –DEMOCRACY – RULE OF LAW2 Re-embedding foreign investment through human rightsobligations for business entities: A nightmare or a noble dream? 39Markus Krajewski3 International investment law, democratic legitimacy,and the protection of human rights: Transformingconstitutional property protection 56Rhea Tamara Hoffmann4 ‘Which it seeks to advance in the wider world’ – TheEU’s legal obligation to promote the rule of law ininternational investment law 94Till Patrik HolterhusPART III CONSTITUTIONAL LAW LIMITS INCOMPARATIVE PERSPECTIVE5 Investor-state dispute settlement and French constitutionallaw: The Conseil constitutionnel’s decision of 31 July2017 on CETA 119Sabrina Robert-Cuendet6 Constitutional courts and international investment law inLatin America: Between escalation and conditional coexistence 149José Gustavo Prieto Muñoz7 The constitutional fundamentals of EU investment policy 180Angelos Dimopoulos8 Constraints on intra-EU BITs in the Union legal order 221Hannes LenkPART IV CONSTITUTIONAL ANALOGIES ININTERNATIONAL INVESTMENT LAW9 Investment protection standards as global constitutional law 255Joshua Paine10 Inter-civilizational approaches to investor-state disputesettlement: Global constitutional adjudication orinternational adjudication? 306Valentina VadiIndex 353

‘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.’