International Investment Protection and Constitutional Law: Stephan W Schill and Christian J Tams, International Investment Protection and Constitutional Law ( Edward Elgar 2022), ISBN 978 839100420 (hardcover), £125.00.

Constitutional law is a concept rarely used in international arbitration. Instead, tribunals have greater familiarity with the notion of public policy as the boundary which dictates jurisdictional—and substantive—limits, where the meeting point is the New York Convention.

The link between international arbitration and constitutional law becomes even more complex when adding a public international law dimension. Constitutional law is not uniform across the many existing legal cultures. Unlike treaties and international principles embedded in international law, constitutional approaches may vary. In some jurisdictions, constitutions reflect a clear view of precise general legal principles and human rights, while in others constitutional law is a vast legal field encompassing national values, as well as judicial, legislative and administrative governmental axioms.