(De)Constitutionalization of International Investment Law? Assessing Narratives from the Asia-Pacific

Karsten Nowrot; Emily Sipiorski

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(De)Constitutionalization of International Investment Law? Assessing Narratives from the Asia-Pacific

In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 37, 2019

Authors:

Karsten Nowrot

Karsten Nowrot
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Emily Sipiorski

Emily Sipiorski
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Type:: Chapter

Pages:: 14–39

DOI:: https://doi.org/10.1163/9789004443297_004

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Abstract

Drawing on the growing relevance of narrative in international economic law, the following contribution introduces a unique methodological approach to the examination of competing narratives in international investment law. The present contribution intends to discuss and test the benefits of applying an empirical approach based on a narrative perspective to the multi-faceted issue of constitutionalization in the realm of international investment law. It is guided by the assumption that global constitutional law is created through the relevant actors’ social practices as observed in the presentation of related narratives and/or subscription to certain narrations. By first approaching some basic constructive tendencies of narrative, the analysis sets the groundwork for using narrative as a mechanism for understanding the processes of international constitutionalization. Proposing to examine the currently controversial regime of international investment law through this lens of analysis, the contribution then turns to the more specific aspects of methodology applied as well as some initial conclusions with respect to the Asia-Pacific.

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 37, 2019

Series: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume: 37

E-Book ISBN:: 9789004443297

Publisher:: Brill | Nijhoff

Print Publication Date:: 02 Dec 2020

Subjects
- International Law
  - Public International Law
  - International Commercial, Trade & Investment Law
- International Relations
  - International Relations

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(De)Constitutionalization of International Investment Law? Assessing Narratives from the Asia-Pacific

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 37, 2019

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