International Economic Law in the Inter-American Legal Space: Domestic Review and the Fair and Equitable Treatment Standard

This paper explores the “Inter-American legal space” as a metaphor of legal hierarchy, as a social performance, and as geographical representation. It then situates the disciplines of international economic law in it, focusing on the fair and equitable treatment standard of foreign investment law. In this context, the contribution argues that domestic constitutional review is an ideal site to develop a theory of weights that provides a normative criterion to appropriately reconcile investment protection, democracy, and human rights in a framework of transformative constitutionalism.