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  • Vadi - Constitutional Courts

    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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    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

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Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or international adjudication

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)peer-review

Published
Publication date22/11/2022
Host publicationInternational Investment Protection and Constitutional Law
EditorsStephan W. Schill, Christian Tams
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Pages306-352
Number of pages47
ISBN (print)9781839100413
<mark>Original language</mark>English

Publication series

NameFrankfurt Investment and Economic Law series
PublisherEdward Elgar

Abstract

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.

Bibliographic note

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.