The 'Generalization' of International Investment Law in Constitutional Perspective

Steffen Hindelang and Markus Krajewski (eds), Shifting Paradigms in International Investment Law - More Balanced, Less Isolated, Increasingly Diversified, Oxford University Press, Oxford 2016, Forthcoming

22 Pages Posted: 23 Feb 2016

See all articles by Peter-Tobias Stoll

Peter-Tobias Stoll

Institute for International and European Law, Dept of International Economic and Environmental Law, Georg-August University of Göttingen

Till Patrik Holterhus

Department for Internationale Economic and Environmental Law, Institute für International Law and European Law

Date Written: December 21, 2015

Abstract

For a long time, international investment law has emerged as a rather distinct and specific element of international economic law and general international law. The most significant developments in investment law can be considered the negotiations on CETA, TPP, and TTIP, as they imply a ‘generalization’ of international investment law: namely, international investment law is now conceived as providing a legal framework for investments vis-à-vis all States; whereas investment protection sides with trade rules in the common framework of preferential trade agreement. In order to properly address these significant changes, a ‘constitutional’ view is suggested here, which brings into play elements of constitutional thought in order to critically assess both the interfaces between such a ‘generalized’ investment law and the domestic and the EU legal order and its relation to other parts of international law, including human rights and particular questions concerning the context of a right to property.

Keywords: International Investment Law, International Investment Arbitration, Investment Treaties, Investment Protection, Preferential Trade Agreements, Constitutional Perspective, Generalization of International Investment Law

JEL Classification: E22, F21, J71, J78, K29, K33, K41

Suggested Citation

Stoll, Peter-Tobias and Holterhus, Till Patrik, The 'Generalization' of International Investment Law in Constitutional Perspective (December 21, 2015). Steffen Hindelang and Markus Krajewski (eds), Shifting Paradigms in International Investment Law - More Balanced, Less Isolated, Increasingly Diversified, Oxford University Press, Oxford 2016, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2736140

Peter-Tobias Stoll (Contact Author)

Institute for International and European Law, Dept of International Economic and Environmental Law, Georg-August University of Göttingen ( email )

Platz der Göttinger Sieben, 5
Göttingen, 37073
Germany
+49 551 39 4661 (Phone)

HOME PAGE: http://inteurlaw.uni-goettingen.de/intecolaw/

Till Patrik Holterhus

Department for Internationale Economic and Environmental Law, Institute für International Law and European Law ( email )

Platz der Gottinger Sieben 3
Gottingen, D-37073
Germany

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
202
Abstract Views
1,117
rank
189,021
PlumX Metrics