Welcome to YSEC Yearbook of Socio-Economic Constitutions

The English-language, peer-reviewed Yearbook of Socio-Economic Constitutions (YSEC) presents contemporary analysis of the challenges that constitutional frameworks face in balancing fundamental economic and social interests on local, national, regional, and global level. YSEC is addressed to academics, professionals, politicians and all those involved or interested in socio-economic constitutional processes.

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YSEC Volume VI (2025): Domestic Law and Policy in the Regulation of Foreign Investment

Open Call

The Yearbook of Socio-Economic Constitutions (YSEC Yearbook) invites submissions for its sixth volume, which aims to explore the evolving and increasing significance of domestic law and policy in the regulation of foreign investment and arbitral case-law. This edition of YSEC aims to explore the evolving dynamics and increasing significance of domestic legal frameworks in contemporary international investment law, the regulation of which - especially through bilateral investment treaties (BITs) - faces substantial scrutiny and criticism. This era is characterized in particular by strong demands for enhanced state involvement in managing and regulating investment flows, along with a solid reaffirmation of sovereignty in investor-state relations. Particular attention will be given to various regions across the globe to understand how these shifts are manifesting differently in diverse legal and economic contexts. Over recent years, the international community has witnessed a substantial revision of foreign investment policies, evidenced by the termination of numerous BITs predominantly by developing countries, and the formulation of new model BITs. These developments reflect an increasing discontent with the traditional mechanisms of international investment regulation and highlight an
emerging trend towards re-nationalisation and localization of investment screening. The most recent BITs are characterised by the incorporation of various exceptions, reservations, and exclusions, underscoring the crucial role that domestic investment laws have come to play. Consequently, a broad spectrum of investment-related matters, including but not limited to food, agriculture, health, environment,  sustainable value chains, competition, and labour, are now governed by a combination of hybrid or exclusively domestic regulatory mechanisms.
This shift raises several questions and themes for investigation. One key area of interest is the impact of national constitutional principles and domestic rules on areas traditionally dominated by international norms. Additionally, the nature and extent of protection afforded to foreign investors under the emerging regime for foreign investment warrant close examination. New domestic obligations imposed on foreign investors are also emerging as a critical theme. The transition of regulatory protection standards from the international to the regional or domestic levels is another significant aspect to consider. Moreover, the challenges raised by the interaction of domestic and international law in the regulation of investment activities and in investment arbitral proceedings are increasingly prominent. The interaction between new domestic laws and the regulation of foreign investments and existing international commitments under BITs and other agreements further complicates the landscape. Finally, the manner in which arbitral tribunals will be called to apply and defer to new domestic laws and policies, as well as the usage of international investment rules and norms in national adjudication, are essential areas for exploration. These are but a few of the themes and areas in which contributions for YSEC Volume VI are encouraged.

 

Deadline for proposals is 30 September 2024.
Proposals of no more than 500 words shall be sent to editors@ysec-yearbook.eu.

Successful applications will be notified by mid October 2024.


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“What are socio-economic constitutions?”

The Yearbook of Socio-Economic Constitutions (YSEC Yearbook) was launched five years ago. Not only this small anniversary, but also the manifold shifts and upheavals in the economies around the globe away from liberalism to geo-economics invite us to take a closer look at the phenomenon of socio-economic constitutions that gives the title to the YSEC Yearbook. (Extended) Deadline: 15 September 2023. Full call (en/de/fr) for submissions now online.

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Funding of Justice: Access to Effective Justice in Times of Marketisation of Justice and Shrinking Public Budgets

Funding of justice has significant consequences for the enforcement of rights and impacts directly on access to justice and the right to a fair trial as constitutional right. This volume deals with the socio-economic constitutional challenges associated with three broad perspectives on funding: “venue funding”, “party funding” and “law funding”.

Triangulating Freedom of Speech: Business, Social Rights, and the Freedom of Speech in a Digital Age

This volume addresses the challenges associated with upholding freedom of speech where it conflicts with social rights, such as respect for private and family life and with economic rights such as the freedom to conduct a business or the rights of free movement.

Common European Law on Investment Screening (CELIS)

Volume I (2020) publishes the academic results of the 2019 CELIS International Conference.

Key features:

  • Presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future “Common European Law on Investment Screening”
  • Combines contributions from leading international academics, practitioners, and policy makers in their respective fields
  • Provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons
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Access our Submissions and Review Platform if you want to submit your contribution or review.