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Product Identifiers
PublisherOxford University Press, Incorporated
ISBN-100198885563
ISBN-139780198885566
eBay Product ID (ePID)10064622472
Product Key Features
Number of Pages264 Pages
Publication NameConstitutional Review and International Investment Law : Deference or Defiance?
LanguageEnglish
Publication Year2024
SubjectGeneral
TypeTextbook
AuthorDavid Schneiderman
Subject AreaLaw
FormatHardcover
Dimensions
Item Height0.8 in
Item Weight20.2 Oz
Item Length9.2 in
Item Width6.1 in
Additional Product Features
Intended AudienceScholarly & Professional
Dewey Edition23
Dewey Decimal342
Table Of Content1. IntroductionPart One2. Nothing to See Here: Northern North America3. Taking the Lead: EuropePart Two4. Of No Constitutional Interest: Peru5. Conditionally Constitutional: Colombia6. Eliding the People: Indonesia7. Shackling the Future: Israel8. Conclusion
SynopsisThe revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision., Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.
LC Classification NumberK3165.C6 2024
