Cortes Constitucionales, Constitucionalismo Transformador y la Creación de Principios Comunes sobre Inversión Extranjera en América Latina (Constitutional Courts, Transformative Constitutionalism and the Creation of Common Principles for Investment in Latin America)

In recent years, new judicial interactions are taking place in the global legal arena, when constitutional adjudicators enter into contact with international investment law and its Investor-State Dispute Settlement System. Such interactions have shown how constitutional judges currently deal with problems beyond the borders of the state, where national systems feel pressure not only from international investment regimes but also from different transnational epistemic communities. In this line, this paper explores the new frontier of judicial interactions between national legal systems and international investment law. It thereby argues in favour of an active role by constitutional courts for the construction of regional public standards aligned with the objectives of transformative constitutionalism.