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Constitutionalizing Economic Globalization

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  • Schneiderman,David

Abstract

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.

Suggested Citation

  • Schneiderman,David, 2008. "Constitutionalizing Economic Globalization," Cambridge Books, Cambridge University Press, number 9780521692038, October.
  • Handle: RePEc:cup:cbooks:9780521692038
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    Citations

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    Cited by:

    1. Diaby-Pentzlin, Friederike, 2020. "Deficiencies of international investment law: What chances for "critical lawyers" to civilize global value chains and/or to transform the status quo of the economic world order?," Wismar Discussion Papers 04/2020, Hochschule Wismar, Wismar Business School.
    2. Lauge N. Skovgaard Poulsen & Emma Aisbett, 2011. "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," Crawford School Research Papers 1105, Crawford School of Public Policy, The Australian National University.
    3. Cross Ciaran & Schliemann-Radbruch Christian, 2013. "When Investment Arbitration Curbs Domestic Regulatory Space: Consistent Solutions through Amicus Curiae Submissions by Regional Organisations," The Law and Development Review, De Gruyter, vol. 6(2), pages 67-110, September.
    4. Jordan Brennan, 2013. "The Power Underpinnings, and Some Distributional Consequences, of Trade and Investment Liberalisation in Canada," New Political Economy, Taylor & Francis Journals, vol. 18(5), pages 715-747, October.
    5. Brennan, Jordan, 2013. "The Power Underpinnings, and Some Distributional Consequences, of Trade and Investment Liberalisation in Canada (Preprint)," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 18(5), pages 715-747.
    6. Anna Herranz-Surrallés, 2020. "‘Authority Shifts’ in Global Governance: Intersecting Politicizations and the Reform of Investor–State Arbitration," Politics and Governance, Cogitatio Press, vol. 8(1), pages 336-347.
    7. Robert G. Finbow, 2016. "Restructuring the State through Economic and Trade Agreements: The Case of Investment Disputes Resolution," Politics and Governance, Cogitatio Press, vol. 4(3), pages 62-76.
    8. Patricia Ranald, 2015. "The Trans-Pacific Partnership Agreement: Reaching behind the border, challenging democracy," The Economic and Labour Relations Review, , vol. 26(2), pages 241-260, June.
    9. Cote, Christine, 2018. "A chilling effect? Are international investment agreements hindering government’s regulatory autonomy?," LSE Research Online Documents on Economics 108406, London School of Economics and Political Science, LSE Library.
    10. Dominic Npoanlari Dagbanja, . "The intersection of public procurement law and policy, and international investment law," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.

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