Rights statement: This is a draft chapter/article. The final version is available in International Investment Protection and Constitutional Law edited by Stephan W. Schill and Christian J. Tams, published in 2022, Edward Elgar Publishing Ltd http://dx.doi.org/10.4337/9781839100420.00019 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.
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Final published version
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Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
}
TY - CHAP
T1 - Inter-civilizational approaches to investor-state dispute settlement
T2 - Global constitutional adjudication or international adjudication
AU - Vadi, Valentina
N1 - This is a draft chapter/article. The final version is available in International Investment Protection and Constitutional Law edited by Stephan W. Schill and Christian J. Tams, published in 2022, Edward Elgar Publishing Ltd http://dx.doi.org/10.4337/9781839100420.00019 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.
PY - 2022/11/22
Y1 - 2022/11/22
N2 - The recent expansion of international law, the proliferation of international organizations and international courts and tribunals pose new challenges to international law scholars and require new perspectives. This chapter explores what role, if any, constitutional law and jurisprudence can play in the development of international investment law. In examining the various forms of this interaction between international investment law and constitutional theory, the chapter demonstrates that while constitutional theory certainly constitutes a useful approach to study international investment law, it does not constitute the sole or the ultimate method for approaching the same. Rather, the chapter suggests, international investment law requires 'epistemological pluralism,' that is, different methods of enquiry. Only the juxtaposition of different methods and approaches can help scholars and practitioners to decipher the complexity of international investment law.
AB - The recent expansion of international law, the proliferation of international organizations and international courts and tribunals pose new challenges to international law scholars and require new perspectives. This chapter explores what role, if any, constitutional law and jurisprudence can play in the development of international investment law. In examining the various forms of this interaction between international investment law and constitutional theory, the chapter demonstrates that while constitutional theory certainly constitutes a useful approach to study international investment law, it does not constitute the sole or the ultimate method for approaching the same. Rather, the chapter suggests, international investment law requires 'epistemological pluralism,' that is, different methods of enquiry. Only the juxtaposition of different methods and approaches can help scholars and practitioners to decipher the complexity of international investment law.
KW - international investment law, investment arbitration, constitutional law, constitutional adjudication, state sovereignty, international law
U2 - 10.4337/9781839100420.00019
DO - 10.4337/9781839100420.00019
M3 - Chapter (peer-reviewed)
SN - 9781839100413
T3 - Frankfurt Investment and Economic Law series
SP - 306
EP - 352
BT - International Investment Protection and Constitutional Law
A2 - Schill, Stephan W.
A2 - Tams, Christian
PB - Edward Elgar Publishing
CY - Cheltenham
ER -