Constitutional Courts and International Investment Law in Latin America: Between Escalation and Conditional Coexistence
forthcoming in ‘Stephan W Schill, Christian J Tams and Rainer Hofmann (eds), International Investment Law and Constitutional Law’ (Elgar 2021).
36 Pages Posted: 8 Mar 2021 Last revised: 10 Mar 2021
Date Written: March 8, 2021
Constitutional courts are important actors in the development of international investment law). I argue here that constitutional courts can exert more influence and protect human rights and national constitutional values more efficiently if they operate within a method of conditional coexistence. This path implies that constitutional courts manage normative conflicts between investment agreements (IIAs) and a national constitution by defining a set of minimum conditions that IIAs must satisfy before they enter into force. The very exercise of setting conditions for IIAs can allow a constitutional court to monitor the application and interpretation of that IIA, providing themselves with leeway to react to a range of possible dynamics in respect of the future development of an investment treaty.
Keywords: Pluralism, legitimacy, international investment law, Constitutional Courts
Suggested Citation: Suggested Citation