The Appeal of the Project of Global Constitutionalism to Public International Lawyers

Schwöbel-Patel, Christine

doi:10.2139/ssrn.1713201

Cited by 1 publication

(3 citation statements)

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“…Scholars have paid significant attention in recent years to processes of constitutionalisation ‘above’ the level of the state (Thompson 2012, May 2014, Schwöbel 2012, Schwöbel 2011, Cass 2001, Peters 2012, Brown 2012). While the extent and the nature of the constitutionalisation processes occurring is contested within the literature, Cass (2001: 41) notes that:

Common to all commentaries on the topic is an assumption that constitutionalisation includes a set of social practices, defined as law, and associated with Western industrialized democracies which structures the division of public power within a given community.

…”

Section: Global Constitutionalismmentioning

confidence: 99%

“…Constitutionalism is thus closely allied to liberal theories of politics, centred on human rights, individual autonomy and limited government (Loughlin 2010). Schwöbel (2012) identifies ‘social idealism’ as a further dimension of global constitutionalism, in that it sets out a shared ideal for the future of the political community based on a specific set of social values and norms.…”

Section: Global Constitutionalismmentioning

confidence: 99%

“…First, we place developments in the international trade and investment regime within the context of wider debates in international relations and international law about processes of constitutionalisation above the level of the state (i.e., at the international or global level) (Thompson 2012, May 2014, Schwöbel 2012, Schwöbel 2011, Cass 2001, Peters 2012). This literature offers both a conceptual framework through which to interpret and understand the current evolution of the international trade and investment regime, and the basis on which to critique the specific forms of constitutionalisation put in place by the agreements we identify.…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

A Corporate Veto on Health Policy? Global Constitutionalism and Investor–State Dispute Settlement

Hawkins¹,

Holden²

2016

Journal of Health Politics, Policy and Law

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The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorise the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to ‘constitutionalise’ investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global ‘spaghetti bowl’ of IIAs creates opportunities for corporations to ‘venue shop’; to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues.

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