Full Description
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.
Contents
Introduction - Legal protection offered to foreign investment in Latin America: context and general trends.- PART I- International Investment Law in Latin America: Where do we Stand?.- Brazilian CFIA - Evolution towards the traditional?.- INTERNATIONAL INVESTMENT LAW IN CHILE: RECENT DEVELOPMENTS IN TIMES OF REFORM.- International Investment Law and its scope in Argentina.- Venezuelan investment arbitration experience: from unilateral termination of Dutch treaty, the denunciation of ICSID Convention to its continued participation as respondent State in investment arbitration.- Philip Morris v. Uruguay through the lens of the ISDS trilemma.- PART II - Trends in dispute governance and settlement.- Dispute Prevention Methods in the Brazilian Agreements on Cooperation and Facilitation of Investments (CFIAs).- THE BRAZILIAN BRANCHES IN THE ARBITRATION BENCH: CHALLENGES AND POSSIBILITIES IN FACE OF THE "PRECATÓRIO" SYSTEM AND CONSENSUALITY.- PART III - Trends in connecting investment law toHuman Rights.- The 2017 BIT Model of Colombia: A Human Rights Assessment from Investment Disputes against the State.- Peru and International Investment Agreements: Legal and Institutional challenges under a Business and Human Rights Perspective.- PART IV - Trends in Regionalization.- Mexico in International Investment Law: From NAFTA to USMCA.
