Scientific article
OA Policy
English

What Roles Can Constitutional Law Play in Investment Arbitration?

Published inThe journal of world investment & trade, vol. 15, no. 5-6, p. 862-888
Publication date2014
Abstract

Interplays between international and domestic legal spheres have attracted increased attention in investor-State dispute settlement. From the treaty ratification process to award execution, constitutional norms play recurring roles before, during and after investment arbitrations. This contribution deals with the manner in which parties to such disputes can rely upon constitutional law or, more broadly speaking, domestic law. Notably, major hurdles to the application of domestic law in transnational fora have not necessarily constrained the arbitral profile of constitutional principles. This is because 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. Reexamining recent case law through this lens of informal application, we can then envision other synergies that intermingle these regimes.

Keywords
  • Investment arbitration
  • Constitutional law
  • Informal application
  • Deference
Citation (ISO format)
BOISSON DE CHAZOURNES, Laurence, MCGARRY, Brian. What Roles Can Constitutional Law Play in Investment Arbitration? In: The journal of world investment & trade, 2014, vol. 15, n° 5-6, p. 862–888. doi: 10.1163/22119000-01506005
Main files (1)
Article (Published version)
accessLevelPublic
Identifiers
Journal ISSN1660-7112
875views
1100downloads

Technical informations

Creation27/11/2014 14:54:00
First validation27/11/2014 14:54:00
Update time14/03/2023 23:18:48
Status update14/03/2023 23:18:47
Last indexation30/10/2024 21:57:19
All rights reserved by Archive ouverte UNIGE and the University of GenevaunigeBlack