Systems Of Legal Protection For Foreign Private Investments In Latin America
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Latin American Investment Protections by Jonathan C. Hamilton,Omar E. Garcia-Bolivar,Hernando Otero Pdf
Latin American Investment Protections provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America, including applicable national laws, international treaties, stabilization regimes and known investor-State disputes.
International Investment Law and Arbitration from a Latin American Perspective by Nitish Monebhurrun,Carolina Olarte Bacares,Marco Alberto Velasquez Ruiz Pdf
The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law. The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil, Colombia, Peru, and Mexico are perused.
Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm by María José Luque Macías Pdf
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.
Investment Protection in Brazil by Daniel de Andrade Levy,Ana Gerdau de Borja,Adriana Pucci Pdf
"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website
International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina by Attila Tanzi,Alessandra Asteriti,Rodrigo Polanco Lazo,Paolo Turrini Pdf
International Investment Law in Latin America: Problems and Prospects analyses the trend from enthusiasm to diffidence Latin American countries have recently undergone towards investment law. Experts draw lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. En Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, la tendencia desde el entusiasmo a la desconfianza de los países latinoamericanos hacia esta rama del derecho es analizada, en búsqueda de posibles soluciones a los importantes desafíos que actualmente enfrenta esa región.
Foreign Direct Investment in Latin America and the Caribbean 2021 by UNITED NATIONS ECONOMIC COMMISSION FOR LATIN AMERICA AND THE. CARIBBEAN Pdf
This document examines the global and regional evolution of Foreign Direct Investment (FDI) and offers recommendations so these flows can contribute to the region's productive development processes.
Indigenous Peoples and International Trade by John Borrows,Risa Schwartz Pdf
An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.
Human Rights in International Investment Law and Arbitration by Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann Pdf
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author : Karl P Sauvant,Lisa E Sachs Publisher : Oxford University Press Page : 800 pages File Size : 48,7 Mb Release : 2009-03-27 Category : Law ISBN : 9780199745180
The Effect of Treaties on Foreign Direct Investment by Karl P Sauvant,Lisa E Sachs Pdf
Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011 by Alexander J. Bělohlávek,Prof. JUDr. Naděžda Rozehnalová, Pdf
With the successful introduction in 2010 of the Czech Yearbook of International Law, Professor Alexander J. Bělohlávek and Professor Naděžda Rozehnalová, the editors, present the 2011 volume of this ambitious project. The second volume focuses on the admittedly controversial topics relating to a shift from the investors’ viewpoints on investment protection to the contrasting viewpoints of the host states, which are facing growing numbers of alleged claims by investors. Volume II has set as its objective to plot the shift in the paradigm towards a new balance between investors and host states in the investment protection system. Such a shift can be observed in the rising number of counterclaims brought by host states against investors, by the introduction of new standards for evaluation of investments in light of the good faith of the investor at the time of an investment, and by the choice of an absolute means of protection of a host state's interest against investor claims by termination of an existing investment treaty. These topics represent pieces of the whole mosaic of this problem, to which the second volume of the Czech Yearbook of International Law is dedicated to a wide professional audience. The Czech Yearbook of International Law (CYIL) is a collective effort by the following persons and institutions
Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.