Constitutional Law and the Settlement of Investor-State Disputes: Some Interplays
Jalloh, Charles Chernor & Elias, Olufemi. Shielding Humanity - Essays in International Law in Honour of Judge Abdul G. Koroma. Leiden, NL: Brill / Nijhoff. 2015, p. 230-241
17 Pages Posted: 15 Dec 2015
Date Written: June 2015
While issues of constitutional law may arise directly in the ratification process of investment treaties and the execution of arbitral awards, well-established hurdles to the application of domestic law in transnational fora substantially limit the degree to which such issues factor into the merits of investor-State disputes. Nevertheless, they may gain prominence through informal paths. Rather than directly applying constitutional law per se, tribunals may utilize other paths such as deferring to domestic interpretations of constitutional principles, or to constitutional procedures that appear, for example, to protect fair and equitable treatment.
Keywords: comity, constitutional law, domestic law, expropriation, fair and equitable treatment, federal law, host-State, human right, informal deference, interpretation, investment arbitration, investor-State dispute, judicial decision, national court, North American Free Trade Agreement
JEL Classification: K33
Suggested Citation: Suggested Citation