The role of constitutional courts in international investment law: Setting standards of trust for judicial dialogue

In recent years, scrutiny of newly signed International Investment Agreements (IIAs) has moved within the jurisdiction of constitutional courts —the term encompasses both national and supranational courts. Here, I explore how Constitutional Courts could use their reviewing power while analyzing new IIAs to define the legal standards that future Investment tribunals must follow to adjudicate investment disputes. I further argue, based on recent cases in Europe and Latin America, that the standards of trust created by courts in the assessment of future IIAs, before they enter into force, are the basis for enhancing judicial dialogue with investment arbitrators. In turn, this dialogue could be one of the pillars for upholding the rule of law during a crisis.