The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review andInternational Investment Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord.A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring onlymodest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
Protected by Amazon A-to-z Guarantee & generous return policies
Every book purchase is protected by the Amazon A-to-z Guarantee. This guarantee covers both the condition of your book and its timely delivery, providing full buyer protection whether you purchase directly from Amazon or from third-party marketplace sellers.
Generous 30-day return policy on physical books. Amazon makes returns effortless with self-service return labels, drop-off at thousands of local locations (Kohl's, Whole Foods, UPS Stores), and free return shipping on eligible book purchases.
Maximize your savings with competitive pricing, deep discounts on new and used marketplace copies, bundled textbook rentals, and exclusive member savings through Amazon Prime with free fast delivery.
Read your way across versatile digital and physical formats: instant delivery via Kindle eBooks, unlimited reading with a Kindle Unlimited subscription, audiobook listening with Audible (often featuring a 30-day free trial), or traditional paperback and hardcover editions.
OpenCourser helps millions of learners each year. People visit us to learn workspace skills, ace their exams, and nurture their curiosity.
Our extensive catalog contains over 50,000 courses and twice as many books. Browse by search, by topic, or even by career interests. We'll match you to the right resources quickly.
Find this site helpful? Tell a friend about us.
We're supported by our community of learners. When you purchase or subscribe to courses and programs or purchase books, we may earn a commission from our partners.
Your purchases help us maintain our catalog and keep our servers humming without ads.
Thank you for supporting OpenCourser.