The Politics Of Investment Treaties In Latin America

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The Politics of Investment Treaties in Latin America

Author : Julia Calvert
Publisher : Oxford University Press
ISBN 13 : 0192643940
Total Pages : 273 pages
Book Rating : 4.1/5 (926 download)

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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 2022-07-28 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 1,000 legal 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. Governments targeted 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 some governments 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 on Peru, 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 prompted investor 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.

Latin American Investment Protections

Author : Jonathan C. Hamilton
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004202498
Total Pages : 647 pages
Book Rating : 4.0/5 (42 download)

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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 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America.

Latin American Investment Treaty Arbitration

Author : Mary Helen Mourra
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127852
Total Pages : 226 pages
Book Rating : 4.0/5 (411 download)

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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.

Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

Author : María José Luque Macías
Publisher : Springer Nature
ISBN 13 : 303073272X
Total Pages : 285 pages
Book Rating : 4.0/5 (37 download)

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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.

The Effect of Treaties on Foreign Direct Investment

Author : Karl P Sauvant
Publisher : Oxford University Press
ISBN 13 : 0199745188
Total Pages : 800 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Effect of Treaties on Foreign Direct Investment by : Karl P Sauvant

Download or read book The Effect of Treaties on Foreign Direct Investment written by Karl P Sauvant and published by Oxford University Press. This book was released on 2009-03-27 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Latin America and international investment law

Author : Sufyan Droubi
Publisher : Manchester University Press
ISBN 13 : 1526155060
Total Pages : 372 pages
Book Rating : 4.5/5 (261 download)

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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.

Investment Policies in Latin America and Multilateral Rules on Investment

Author : Organisation for Economic Co-operation and Development
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Investment Policies in Latin America and Multilateral Rules on Investment by : Organisation for Economic Co-operation and Development

Download or read book Investment Policies in Latin America and Multilateral Rules on Investment written by Organisation for Economic Co-operation and Development and published by . This book was released on 1997 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foreign Direct Investment Policy and Promotion in Latin America

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264173722
Total Pages : 132 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Foreign Direct Investment Policy and Promotion in Latin America by : OECD

Download or read book Foreign Direct Investment Policy and Promotion in Latin America written by OECD and published by OECD Publishing. This book was released on 1999-10-06 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This workshop proceedings examines foreign direct investment policy and promotion in Latin America.

Power in the International Investment Framework

Author : Maria A. Gwynn
Publisher : Springer
ISBN 13 : 1137571438
Total Pages : 243 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Power in the International Investment Framework by : Maria A. Gwynn

Download or read book Power in the International Investment Framework written by Maria A. Gwynn and published by Springer. This book was released on 2016-07-26 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique analysis of bilateral investment treaties (BITs). By developing a new, power-focused paradigm for understanding the international investment framework, the author illustrates why there was no paradoxical behaviour when developing countries agreed to the BIT regime, and what has spurred their reaction against it now. She also examines how attempts to regulate investment at a multilateral level have failed, and why the rules of the framework are evolving. Inspired by the work of Susan Strange, Gwynn fills a significant lacuna in our understanding of these issues by demonstrating how power determines the actions of all those involved. This holistic reinterpretation of international investment focuses in particular on Latin America, but has wider implications for the negotiation of new treaties, including such controversial provisions as the Transatlantic Trade and Investment Partnership. It will appeal to lawyers, economists, political scientists and scholars of Latin America.

International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina

Author : Attila Tanzi
Publisher : BRILL
ISBN 13 : 9004311475
Total Pages : 899 pages
Book Rating : 4.0/5 (43 download)

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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.

Private Investment in Latin America

Author : United States. Congress. Joint Economic Committee
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Private Investment in Latin America by : United States. Congress. Joint Economic Committee

Download or read book Private Investment in Latin America written by United States. Congress. Joint Economic Committee and published by . This book was released on 1964 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058297
Total Pages : 430 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-21 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Trade and Investment Rules

Author : Pierre Sauvé
Publisher : Univ of California Press
ISBN 13 : 9789211215854
Total Pages : 68 pages
Book Rating : 4.2/5 (158 download)

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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.

International Investment Law and Arbitration from a Latin American Perspective

Author : Nitish Monebhurrun
Publisher : Springer Nature
ISBN 13 : 3031493826
Total Pages : 275 pages
Book Rating : 4.0/5 (314 download)

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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:

Harnessing Globalization

Author : Roy C. Nelson
Publisher : Penn State Press
ISBN 13 : 0271047011
Total Pages : 284 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Harnessing Globalization by : Roy C. Nelson

Download or read book Harnessing Globalization written by Roy C. Nelson and published by Penn State Press. This book was released on 2010-11-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bounded Rationality and Economic Diplomacy

Author : Lauge N. Skovgaard Poulsen
Publisher : Cambridge University Press
ISBN 13 : 9781107552012
Total Pages : 263 pages
Book Rating : 4.5/5 (52 download)

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Book Synopsis Bounded Rationality and Economic Diplomacy by : Lauge N. Skovgaard Poulsen

Download or read book Bounded Rationality and Economic Diplomacy written by Lauge N. Skovgaard Poulsen and published by Cambridge University Press. This book was released on 2017-04-06 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern investment treaties give private arbitrators power to determine whether governments should pay compensation to foreign investors for a wide range of sovereign acts. In recent years, particularly developing countries have incurred significant liabilities from investment treaty arbitration, which begs the question why they signed the treaties in the first place. Through a comprehensive and timely analysis, this book shows that governments in developing countries typically overestimated the economic benefits of investment treaties and practically ignored their risks. Rooted in insights on bounded rationality from behavioural psychology and economics, the analysis highlights how policy-makers often relied on inferential shortcuts when assessing the implications of the treaties, which resulted in systematic deviations from fully rational behaviour. This not only sheds new light on one of the most controversial legal regimes underwriting economic globalization but also provides a novel theoretical account of the often irrational, yet predictable, nature of economic diplomacy.

Trade Agreements, Investment Protection and Dispute Settlement in Latin America

Author : Belén Olmos Giupponi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186190
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)

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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.