The negotiation, signing and ratification of BITs require taking seriously the constitutional obligations, in order to preserve the coherence of the legal order and to avoid a radical mutation of the Constitution. On this regard, the role of the Constitutional Court as a guardian of the Constitution is crucial, especially because of its duty of reviewing the clauses of the BITs that could cause significant consequences at the domestic level. Focusing on the BITs between Colombia and France and Colombia and Israel, this paper aims to analyse the impact on the equality principle because of the discrimination of the domestic investors and the extremely favourable treatment to foreign investors. This problem also suggests reflecting on the asymmetrical relationship between developed and developing countries according to the new legal mechanisms embedded at the international investment law and at the constitutional law.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
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