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Constitutional Courts and International Investment Law in Latin America
Constitutional courts are important actors in the development of international investment law). I argue here that constitutional courts can exert more influence and protect human rights and national constitutional values more efficiently if they operate within a method of conditional coexistence. This path implies that constitutional courts manage normative conflicts between investment agreements (IIAs) and a national constitution by defining a set of minimum conditions that IIAs must satisfy before they enter into force. The very exercise of setting conditions for IIAs can allow a constitutional court to monitor the application and interpretation of that IIA, providing themselves with leeway to react to a range of possible dynamics in respect of the future development of an investment treaty.
International Investment Protection and Constitutional Law
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.
Governing the Crisis: Law, Human Rights and COVID-19
Governing the Crisis: Law, Human Rights and COVID-19 is a collection of essays by an interdisciplinary group of experts from around the world who look at different human rights issues which have emerged as relevant during the COVID-19 pandemic. The topics cover a range of issues in different countries, for example, tracing apps, digitalization, privacy, priority setting in health care, refugees, cruise ships or risks faced by children. Other chapters investigate the specific government responses in a number of countries. In addition, topics of wider legal interest are investigated, such as the role of constitutional courts, federalism and the concept of the state of emergency. Prof. Dr. Stefan Kirchner, MJI, is Research Professor of Arctic Law and the head of the Arctic Governance Research Group at the Arctic Centre of the University of Lapland in Rovaniemi, Finland.
El poder de las cortes constitucionales en el derecho internacional de inversiones
Spanish Abstract: El capítulo argumenta que cuando una corte constitucional debe resolver un conflicto normativo entre un acuerdo internacional de inversiones (AII) y una Constitución nacional, no solo está decidiendo sobre la compatibilidad o no del tratado con el derecho interno, sino también desarrolla un ejercicio de autodefinición de su papel en el espacio jurídico transnacional. Repasando la experiencia de las cortes constitucionales en Costa Rica, Colombia, Ecuador y el Tribunal de Justicia de la Unión Europea, este capítulo define tres tipos de estrategias de relación entre cortes constitucionales y el derecho internacional de inversiones: alineamiento, coexistencia condicionada y escalada. Se concluye que, entre estas, la estrategia de coexistencia condicionada es aquella que otorga mayor poder a las cortes constitucionales sobre el contenido del derecho internacional de inversiones, siendo el medio más idóneo para proteger los valores o los mandatos transformadores contenidos en las Constituciones latinoamericanas.
International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina
With the bilingual volume International Investment Law in Latin America: Problems and Prospects, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo and Paolo Turrini provide a regional perspective on one of the liveliest branches of international law by situating it in one of the most dynamic areas of the world. Latin America has always had an ambivalent relationship with international investment law and, more recently, it has been the home of harsh and resolute criticisms, questioning the ultimate legitimacy of the regime. By bringing together distinguished scholars of this legal field, the volume analyses ongoing trends and draws lessons from the Continent’s past experiences while i...
General Principles of Law and International Investment Arbitration
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
The Impact of the Inter-American Human Rights System
This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.
Politics and the Histories of International Law
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Research Handbook on International Claims Commissions
International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This pertinent Research Handbook explores the history of ICCs focusing on modern examples, how and why states create ICCs, institutional design and procedural issues of ICCs; and explores how they can be used to address contemporary challenges.
The Effects of Armed Conflict on Investment Treaties
This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
