| Description |
1 online resource |
| Series |
International Law and the Global South |
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International law and the global south.
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| Contents |
Intro -- Preface -- Acknowledgement -- Contents -- List of Contributors -- Introduction-Legal Protection Offered to Foreign Investment in Latin America: Context and General Trends -- 1 Introduction -- 2 Context: A Young Unstable Region -- 2.1 Violence -- 2.2 Inequality -- 2.3 External Intervention -- 3 Brief Historical Account of the Legal Protection Offered to Foreign Investment in Latin America -- 3.1 Emergence of Latin American States and Friendship, Commerce, and Navigation Treaties -- 3.2 Gunboat Diplomacy and the Calvo Doctrine |
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3.3 Revolutions and Social Unrest: The Rise of Foreign Investors Disputes -- 3.4 The Introduction of Latin America into the Global Investment Protection System -- 4 Analysis of Investor State Arbitration in Latin America -- 5 Concluding Remarks -- References -- Part I: International Investment Law in Latin America: Where Do We Stand? -- Brazilian CFIA: Evolution Towards the Traditional? -- 1 Introduction -- 2 Innovative Provisions in CFIA -- 2.1 Traditional Clauses with New Wording -- 2.2 New Clauses -- 3 CFIA: A Model Under Construction |
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3.1 Arbitration of Damages Suffered by an Investor Through SSDS or ISDS -- 3.2 Strengthening Investorś Obligations and CSR Clauses -- 3.3 Inclusion of Indirect Expropriation -- 3.4 Rapprochement of the Treatment to Foreigners to International Standards, Including Fair and Equitable Treatment -- 3.5 Expansion of the Definition of Investment to Include Some Types of Portfolio Investment -- 3.6 Inclusion of Discipline on Prohibited Performance Requirements -- 4 Conclusion -- References -- International Investment Law in Chile: Recent Developments in Times of Reform -- 1 Introduction |
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2 International Investment Regime: Context and Evolution -- 2.1 Chileś International Trade Policy: Liberalization Towards Free Trade -- 2.2 Change of Paradigm in Investment Negotiations -- 2.3 New Paradigm: Investment Chapters in Free Trade Agreements -- 3 Chileś Participation in Multilateral Forums to Reform the Investor-State Arbitration System and Modernize Its Rules -- 3.1 United Nations Commission on International Trade Law -- 3.2 ICSID Rules and Regulations Amendment Process -- 3.2.1 Context -- 3.2.2 Comments by the Republic of Chile on the ICSID Working Papers |
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3.2.3 Comments by the Republic of Chile on the Code of Conduct -- 4 Chileś Experience in ISDS Proceedings -- 4.1 Victor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2) -- 4.2 MTD Equity Sdn. Bhd. and MTD Chile S.A. v. Republic of Chile (ICSID Case No. ARB/01/7) -- 4.3 Sociedad Anónima Eduardo Vieira v. Republic of Chile (ICSID Case No. ARB/04/7) -- 4.4 ̀̀President Allende ́́Foundation, Victor Pey Casado, Coral Pey Grebe v. Republic of Chile (PCA Case No. 2017-30) |
| Summary |
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 |
| Notes |
Online resource; title from PDF title page (SpringerLink, viewed April 16, 2024) |
| Subject |
Investments -- Law and legislation -- Latin America
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Arbitration and award -- Latin America
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| Genre/Form |
Electronic books
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| Form |
Electronic book
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| Author |
Monebhurrun, Nitish.
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Olarte-Bácares, Carolina
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Velásquez-Ruiz, Marco A
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| ISBN |
9783031493829 |
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3031493826 |
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