14 Constitutional Law and the Settlement of Investor-State Disputes: Some Interplays

Abstract

While issues of constitutional law may arise directly in the ratification process of investment treaties and the execution of arbitral awards, well-established hurdles to the application of domestic law in transnational fora substantially limit the degree to which such issues factor into the merits of investor-State disputes. Nevertheless, they may gain prominence through informal paths. Rather than directly applying constitutional law per se, tribunals may utilize other paths such as deferring to domestic interpretations of constitutional principles, or to constitutional procedures that appear, for example, to protect fair and equitable treatment.