Constitutionalizing Economic Globalization: Investment Rules and Democracy's PromiseAre 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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Constitutionalizing Economic Globalization: Investment Rules and Democracy's ... David Schneiderman No preview available - 2008 |
Constitutionalizing Economic Globalization: Investment Rules and Democracy's ... David Schneiderman No preview available - 2008 |
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2nd edn Agreement on Investment American Journal Arbitration Bilateral Investment Treaties Black Economic Empowerment Blackwell British Yearbook Calvo Cambridge University Press Canada Canadian Carl Schmitt Chaskalson Citizenship Clause Colombia Constitutional Law Constitutionalism David Democracy Developing Countries Dispute Dormant Commerce Clause Duke University Press Environmental February Financial Post Foreign Direct Investment Global Globe and Mail Government Harvard University Press Human Rights ICSID ICSID Review International Economic Law International Investment International Trade Investor Investor-State John Journal of International Journal of World Juta Kenwyn Kluwer London Manganese Market Metalclad Methanex Mexico Michael Multilateral Agreement Multinational NAFTA November OECD Ottawa Oxford University Press Policy Polity Press Protection Public Reform Regulatory Robert Routledge Rule of Law Santos Schwanen September Social South Africa South African Journal Stephen Studies Sustainable Development Theory Thomas trans Transnational Law United Nations University of Chicago Washington William World Bank World Investment Report World Trade York and Geneva