The 'Generalization' of International Investment Law in Constitutional Perspective
Research output: Contributions to collected editions/works › Chapter › peer-review
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Shifting paradigms in international investment law: More Balanced, Less Isolated, Increasingly Diversified . ed. / Steffen Hindelang; Markus Krajewski. Oxford: Oxford University Press, 2016. p. 339-356.
Research output: Contributions to collected editions/works › Chapter › peer-review
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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
UR - https://www.mendeley.com/catalogue/8b112605-0916-38d8-bc6e-b303c9a1c67b/
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 -