International Investment Law and Arbitration from a Latin American Perspective

2024
ISBN: 978-3-031-49381-2
Verlag: Springer International Publishing

Buch, Englisch, 271 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 600 g

Reihe: International Law and the Global South

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.

Zielgruppe

Research

Autoren/Hrsg.

Monebhurrun, Nitish

Velásquez-Ruiz, Marco A.

Olarte-Bácares, Carolina

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Volkswirtschaften einzelner Länder und Regionen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

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.

Über Autor(innen)

Prof. Nitish Monebhurrun is a Tenured Law Professor at the Law Faculty  of the University Centre of Brasília where he coordinates the Business, Human Rights and Public Policy Clinic. He is an associate researcher at the Department of Latin-American Studies of the University of Brasilia and a researcher of the Observatory of International Migrations, Brazil. He is also a visiting Professor at the Universidad de la Sabana, Bogota, Colombia. He acted as visiting Professor or speaker in many universities worldwide and as a United Nations Consultant for the Brazilian Competition Authority. On other grounds, Nitish Monebhurrun is a consultant in international law and an arbitrator (ALAM/CAMESC). He is also a member of the Pool of Experts (PoE) of the United Nations Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects. He isthe Editor-in-Chief of the Brazilian Journal of International Law. He holds a PhD in International Law from the Sorbonne Law School.
Prof. Carolina Olarte-Bácares is an associate Professor, Pontificia Universidad Javeriana. Ambassador of Colombia to the Kingdom of The Netherlands. Agent of Colombia before the International Court of Justice, Member of the Permanent Court of Arbitration. Former Dean Law School, Pontificia Universidad Javeriana, Bogota, Colombia. Ph.D. in International Law University Paris 1 Panthéon-Sorbonne, Master of research in international law, Robert Schuman University, Strasbourg. Lawyer, Pontificia Universidad Javeriana, Law School, Bogota.  Independent Consultant in international law, investment arbitration, human rights, and business and human rights, and external consultant for diplomatic representations in Colombia on matters related to diplomatic privileges and immunities. Founding member of the Colombian Academy of International Law (ACCOLDI), Board Member of the Global Business and Human Rights Scholars Association, and the Latin American Business and Human Rights Academy and Co-Chair of the International Law Association (ILA) Committee on Business and Human Rights. 
Prof. Marco A. Velásquez-Ruiz graduated at the Pontificia Universidad Javeriana, Bogotá and completed a Masters in international law at the Graduate Institute of International and Development Studies. and a PhD in Law at the Osgoode Hall Law School, Toronto, Canada. He has worked as Researcher at the PENSAR Institute and asLaw Professor at the Pontificia Universidad Javeriana. Also, he has performed as consultant in projects on human rights, forced migration, public policy, development, and extractive industries in Colombia. Between 2018 and 2020, he was an adjunct magistrate at the Colombian Special Jurisdiction for Peace. Currently, he is a Foreign Relations Counsellor at the Embassy of Colombia before the Netherlands.