Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

2010

PDF

Selected Works

SelectedWorks

International Trade Law

Articles 1 - 2 of 2

Full-Text Articles in Law

A New Global Constitutional Order?, David Schneiderman Jan 2010

A New Global Constitutional Order?, David Schneiderman

David Schneiderman

Accompanying the rise of new transnational legal rules and institutions intended to promote global economic integration are questions about the linkages between transnational legality and constitutional law. In what ways does transnational economic law mimic features of national constitutional law? Does transnational law complement in some ways or supersede in other ways what we typically describe as constitutional law? To these questions we can now add the following: are transnational rules and institutions a proper subject of study for comparative constitutionalists? This chapter makes a case for the incorporation of forms of transnational legality into comparative constitutional studies. Taking as ...


Promoting Equality, Black Economic Empowerment, And The Future Of Investment Rules, David Schneiderman Jan 2010

Promoting Equality, Black Economic Empowerment, And The Future Of Investment Rules, David Schneiderman

David Schneiderman

It generally is assumed that rules to protect and promote foreign investment are sufficiently flexible to address the specific needs of developing and less developed countries. What happens, however, when the typical model of investment treaty rubs against national constitutional commitments, such as those mandating the promotion of equality in post-apartheid South Africa? This paper explores such tensions in the context of free trade and investment negotiations between the United States and the South African Customs Union. South Africa’s plan to generate a new black middle class via a program of Black Economic Empowerment, it turns out, was a ...