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Latin American Investment Protections
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Book Synopsis Latin American Investment Protections by : Jonathan C. Hamilton
Download or read book Latin American Investment Protections written by Jonathan C. Hamilton and published by Martinus Nijhoff Publishers. This book was released on 2012-05-10 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Investment Law and Arbitration from a Latin American Perspective by : Nitish Monebhurrun
Download or read book International Investment Law and Arbitration from a Latin American Perspective written by Nitish Monebhurrun and published by Springer. This book was released on 2024-02-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Politics of Investment Treaties in Latin America by : Julia Calvert
Download or read book The Politics of Investment Treaties in Latin America written by Julia Calvert and published by Oxford University Press. This book was released on 2022-08-25 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is at a crossroads. Civil society groups, prominent think tanks, and international organisations are calling for widespread reform. At the centre of controversy are international investment agreements (IIAs) and investor-state dispute settlement (ISDS). Over 1,000legal claims have been brought by foreign investors under IIAs since the mid-1990s, resulting in multi-million dollar fines imposed against governments for policies related to the environment, natural resource governance, and access to basic services among other areas of public concern. Governmentstargeted by investor claims are pursuing a variety of reforms that range from the incremental to paradigm-shifting. These different responses raise important questions about the politics of infringement and reform: Why do governments infringe on IIAs despite the costs of doing so? Why do somegovernments heavily targeted by investor claims pursue more substantive reforms than others? This book provides a timely examination of infringement and reform in Latin America, where governments felt the sting of investor claims sooner and with greater frequency than in other regions. It focuses onPeru, Argentina, and Ecuador, countries that responded very differently to waves of investor claims. Based on interviews with government officials, and international lawyers as well as an extensive analysis of legal transcripts, detailed case study chapters examine the conditions that promptedinvestor claims and the factors that inform country's reform agendas. In doing so, the book illustrates the conditions under which IIAs constrain state behaviour and how different belief systems produce different responses to external pressures for treaty compliance.
Book Synopsis Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm by : María José Luque Macías
Download or read book Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm written by María José Luque Macías and published by Springer Nature. This book was released on 2021-05-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Latin America and international investment law by : Sufyan Droubi
Download or read book Latin America and international investment law written by Sufyan Droubi and published by Manchester University Press. This book was released on 2022-04-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors have sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation of the practice of governments sometimes resisting and sometimes welcoming mainstream approaches; the practice of lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments; the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have brought to the field; and the contribution that Latin America has made to the development of the theory and practice of international investment law, notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. Latin American scholars have been contributing to the theory of international investment law for over a century; resting on the shoulders of true giants, this volume aims at pushing this contribution a little further.
Book Synopsis Latin American Investment Treaty Arbitration by : Mary Helen Mourra
Download or read book Latin American Investment Treaty Arbitration written by Mary Helen Mourra and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America. Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the 1990s seemed to promise stable guarantees and security for investors, recent years have produced an ever increasing number of arbitrations before international tribunals involving claims by foreign investors amounting to millions and even billions of dollars. In many cases, the disputes have arisen from regulatory measures involving matters of public interest, including the general welfare, health, environment, security, or economy. In five deeply informative and challenging essays by well-known authorities in various aspects of Latin American and/or international investment legal practice, this book investigates the issues affecting arbitration of disputes invoking Latin American BITs. In-depth coverage includes the following: emerging controversies and conflicts, as well as the serious academic debates regarding varying interpretations of treaty terms by different arbitral tribunals; ICSID cases concluded to date against Latin American States and cases that have been dismissed on jurisdictional grounds; detailed analysis of non-precluded measures provisions, the state of necessity defence, and State liability for investor harms in exceptional circumstances (particularly in connection with water rights); a guide for government officials managing investment treaty obligations and investor-State disputes; procedural and substantive issues that States should consider in connection with their investment obligations and the handling of claims; and options available to address investment treaty provisions that States find troubling and the utility and effectiveness of the recommendations presented. The book demonstrates that there is a compelling need for States to develop greater awareness of their investment treaty obligations with a view to both diminishing the likelihood of claims and properly managing those that are submitted to arbitration. It describes the stocktaking process that should form part of any Stateands efforts to manage its investment treaty obligations and claims by investors that the State has breached those obligations. With specific recommendations for the effective administration of State obligations and investor-State disputes, the book offers eminently practical utility in addition to its penetrating theoretical analysis, and as such constitutes an enormously valuable resource for all parties concerned in Latin American investment.
Book Synopsis Trade Agreements, Investment Protection and Dispute Settlement in Latin America by : Belén Olmos Giupponi
Download or read book Trade Agreements, Investment Protection and Dispute Settlement in Latin America written by Belén Olmos Giupponi and published by Kluwer Law International B.V.. This book was released on 2019-01-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.
Book Synopsis International Investment Law and Arbitration from a Latin American Perspective by : Nitish Monebhurrun
Download or read book International Investment Law and Arbitration from a Latin American Perspective written by Nitish Monebhurrun and published by Springer Nature. This book was released on with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Investment Protection in Brazil by : Daniel de Andrade Levy
Download or read book Investment Protection in Brazil written by Daniel de Andrade Levy and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Book Synopsis Investor Protection and Corporate Governance by : Alberto Chong
Download or read book Investor Protection and Corporate Governance written by Alberto Chong and published by World Bank Publications. This book was released on 2007-06-26 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Investor Protection and Corporate Governance' analyzes the impact of corporate governance on firm performance and valuation. Using unique datasets gathered at the firm-level the first such data in the region and results from a homogeneous corporate governance questionnaire, the book examines corporate governance characteristics, ownership structures, dividend policies, and performance measures. The book's analysis reveals the very high levels of ownership and voting rights concentrations and monolithic governance structures in the largest samples of Latin American companies up to now, and new data emphasize the importance of specific characteristics of the investor protection regimes in several Latin American countries. By and large, those firms with better governance measures across several dimensions are granted higher valuations and thus lower cost of capital. This title will be useful to researchers, policy makers, government officials, and other professionals involved in corporate governance, economic policy, and business finance, law, and management.
Book Synopsis Trade and Investment Rules by : Pierre Sauvé
Download or read book Trade and Investment Rules written by Pierre Sauvé and published by Univ of California Press. This book was released on 2006 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American countries rank among those that have displayed the greatest amount of rule-making activism towards foreign direct investment in recent decades. This paper depicts the changing international landscape of investment rule-making from a Latin American perspective. It does so by looking first at the recent evolution of investment rules at the bilateral, regional and multilateral levels, pointing out differences and synergies between these closely intertwined processes and the role that Latin American countries have had in shaping them.
Book Synopsis International Investment Protection of Global Banking and Finance by : Arif H. Ali
Download or read book International Investment Protection of Global Banking and Finance written by Arif H. Ali and published by Kluwer Law International B.V.. This book was released on 2021-09-14 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.
Book Synopsis Towards Universal Social Protection by : Simone Cecchini
Download or read book Towards Universal Social Protection written by Simone Cecchini and published by UN. This book was released on 2015 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects on the public policies, programmes and regulatory frameworks that are taking a rights-based approach to expanding social protection coverage and benefits in Latin America, with a view to achieving universal coverage. Its discussion of the policy tools and programmes pursued in the region aims to provide the reader with technical and programmatic insights for assembling and coordinating public policies within consistent and sustainable social protection systems. The combination of normative orientations and stock of technical knowledge, together with advances regarding the rights-based approach to social protection within a life cycle framework, afford the reader not only a tool box of specific social protection instruments, but also an in-depth examination of related political economy aspects.
Book Synopsis Foreign Investment in Latin America: Cases and Attitudes by : Marvin D. Bernstein
Download or read book Foreign Investment in Latin America: Cases and Attitudes written by Marvin D. Bernstein and published by New York : Knopf. This book was released on 1966 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of case studies and articles on foreign investment in Latin America - covers historical aspects, political aspects, economic implications, etc. Statistical tables and bibliography pp. 283 to 305.
Author :Donald Richard Shea Publisher :University of Wisconsin-Milwaukee, Center for Latin America ISBN 13 : Total Pages :248 pages Book Rating :4.:/5 (318 download)
Book Synopsis Business and Legal Aspects of Latin American Trade and Investment by : Donald Richard Shea
Download or read book Business and Legal Aspects of Latin American Trade and Investment written by Donald Richard Shea and published by University of Wisconsin-Milwaukee, Center for Latin America. This book was released on 1976 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foreign Investment in Latin America by : John R. Lacey
Download or read book Foreign Investment in Latin America written by John R. Lacey and published by . This book was released on 1970 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina by : Attila Tanzi
Download or read book International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina written by Attila Tanzi and published by BRILL. This book was released on 2016-03-03 with total page 899 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
