International Investment Law and Arbitration from a Latin American Perspective

ISBN-13: 9783031493812 / Angielski

Nitish Monebhurrun; Carolina Olarte Bacares; Marco Alberto Velasquez Ruiz

Spis treści

Introduction.-Part 1: Resistance to International Investment Law in Latin America.- The Ecuadorian Experience in the International Investment Law Regime: The External and Internal Legal Discourses (Gustavo Pietro).- Venezuela between Denunciation of Investment Agreements and Party to Investment Arbitration Proceedings (Ivette Esis).- Uruguay: between Investment Protection and Anti-Tobacco Policy (Magdalena Bas Vilizzio).- Part 2: Alternatives to International Investment Law in Latin America.- Arbitration and Civil Proceedings Reforms in Brazil as a New Paradigm of FDI Protection (Gustavo Ferreira Ribeiro).- Beyond BITS: Brazil’s Alternatives to ISDS in Investment Protection (Geraldo Vidigal and Ana Gerdau Borja).- Part 3: Innovation in International Investment Law in Latin America.- The New Colombian BIT Model and New Legal Controversies (Carolina Olarte Bacares and Marco Alberto Velasquez Ruiz).- The Brazilian Agreements on Cooperation and Facilitation of Investments (ACFIs) (Michelle Ratton Sanchez Badin and Fabio Morosini).- International Investment Law in Chile: Recent Developments in Times of Reform (Pablo Nilo).- Advances and Innovations in International Investment Law from the Argentine Perspective (Christian Sommer).- Part IV: Trends in International Investment Law in Latin America.- Challenges in International Investment in Peru under a Business and Human Rights Perspective (Salvador Herencia).- Providing for Corporate Social Responsibility in the Brazilian Agreements of Cooperation and Facilitation of Investments (Nitish Monebhurrun).- International Investment Law in Mexico (Virdzhiniya Petrova Georgieva).

O autorze

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 is the 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 Bacares 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 and Associate Professor, 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. 

Prof. Marco Alberto Velasquez 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 as Law 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.

Blurb

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.