TY - CHAP

T1 - The 'Generalization' of International Investment Law in Constitutional Perspective

AU - Stoll, Peter-Tobias

AU - Holterhus, Till Patrik

PY - 2016/1/21

Y1 - 2016/1/21

N2 - For a long time, international investment law has emerged as a rather distinct and specific element of international economic law and general international law. The most significant developments in investment law can be considered the negotiations on CETA, TPP, and TTIP, as they imply a ‘generalization’ of international investment law: namely, international investment law is now conceived as providing a legal framework for investments vis-à-vis all States; whereas investment protection sides with trade rules in the common framework of preferential trade agreement. In order to properly address these significant changes, a ‘constitutional’ view is suggested here, which brings into play elements of constitutional thought in order to critically assess both the interfaces between such a ‘generalized’ investment law and the domestic and the EU legal order and its relation to other parts of international law, including human rights and particular questions concerning the context of a right to property.

AB - For a long time, international investment law has emerged as a rather distinct and specific element of international economic law and general international law. The most significant developments in investment law can be considered the negotiations on CETA, TPP, and TTIP, as they imply a ‘generalization’ of international investment law: namely, international investment law is now conceived as providing a legal framework for investments vis-à-vis all States; whereas investment protection sides with trade rules in the common framework of preferential trade agreement. In order to properly address these significant changes, a ‘constitutional’ view is suggested here, which brings into play elements of constitutional thought in order to critically assess both the interfaces between such a ‘generalized’ investment law and the domestic and the EU legal order and its relation to other parts of international law, including human rights and particular questions concerning the context of a right to property.

KW - Law

KW - International Investment Law

KW - International Investment Arbitration

KW - Investment Treaties

KW - Investment Protection

KW - Preferential Trade Agreements

KW - Constitutional Perspective

KW - Generalization of International Investment Law

KW - international investment law

KW - investment treaties

KW - investment protection

KW - preferential trade agreement

KW - constitutional

KW - generalization of international investment law

KW - generalization

U2 - 10.1093/acprof:oso/9780198738428.003.0015

DO - 10.1093/acprof:oso/9780198738428.003.0015

M3 - Chapter

SN - 9780198738428

SP - 339

EP - 356

BT - Shifting paradigms in international investment law

A2 - Hindelang, Steffen

A2 - Krajewski, Markus

PB - Oxford University Press

CY - Oxford

ER -