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Constitutionalizing Economic Globalization: Investment Rules and Democracy's Promise: Cambridge Studies in Law and Society

Autor David Schneiderman
en Limba Engleză Paperback – 26 mar 2008
Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
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Specificații

ISBN-13: 9780521692038
ISBN-10: 0521692032
Pagini: 340
Dimensiuni: 228 x 228 x 21 mm
Greutate: 0.55 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in Law and Society

Locul publicării:Cambridge, United Kingdom

Cuprins

Introduction: the new constitutional order; Part I. Rules: 1. The investment rules regime; 2. The takings rule; 3. Investment rules in action; Part II. Projects: 4. Health and the environment; 5. Land and empowerment; 6. Privatization and democratization; Part III. Resistance: 7. Citizenship; 8. The rule of law; 9. A world of possibilities.

Recenzii

'Constitutionalising Economic Globalisation offers insightful commentary on some of the ongoing problems with international investment law, for example the regime's often opaque and unpredictable rules as well as its difficulty in accommodating genuine economic crises and environmental issues. As an author Schneiderman is an assiduous researcher (the case studies on Latin America and South Africa are particularly impressive) and for these reasons alone the book should be read by anyone with an interest in international investment law, especially those familiar with political philosophy. … the application of domestic constitutional principles to the field of international investment law is a unique approach done skilfully.' Cambridge Law Journal

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Descriere

Critical examination of the regime governing international economic relations in the realm of foreign investment.