The 'Generalization' of International Investment Law in Constitutional Perspective

Research output: Contributions to collected editions/worksChapter

Authors

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.
Original languageEnglish
Title of host publicationShifting paradigms in international investment law : More Balanced, Less Isolated, Increasingly Diversified
EditorsSteffen Hindelang, Markus Krajewski
Number of pages18
Place of PublicationOxford
PublisherOxford University Press
Publication date21.01.2016
Pages339-356
ISBN (Print)9780198738428
ISBN (Electronic)9780191801723
DOIs
Publication statusPublished - 21.01.2016
Externally publishedYes

    Research areas

  • Law - international investment law, investment treaties, investment protection, preferential trade agreement, constitutional, generalization of international investment law, generalization