Re Politicising International Investment Law In Latin America Through The Duty To Regulate Paradigm
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| Author | : María José Luque Macías |
| Publisher | : Springer Nature |
| Total Pages | : 285 |
| Release | : 2021-05-22 |
| Genre | : Law |
| ISBN | : 303073272X |
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.
| Author | : María José Luque Macías |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2021 |
| Genre | : |
| ISBN | : 9783030732738 |
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.
| Author | : Nitish Monebhurrun |
| Publisher | : Springer Nature |
| Total Pages | : 276 |
| Release | : 2011 |
| Genre | : Arbitration and award |
| ISBN | : 3031493826 |
Zusammenfassung: 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
| Author | : Annette Magnusson |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 373 |
| Release | : 2023-12-11 |
| Genre | : Law |
| ISBN | : 9403542179 |
At the nexus between international investment law, climate law, and human rights law, States’ obligations to protect foreign investments clash with their right – or even their duty – to regulate to protect the planet and people. State efforts at climate change mitigation and adaptation have already triggered claims of liability under the investor-protection provisions of bilateral and multilateral investment treaties. In this comprehensive elaboration on the topic, stellar experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors. Each of the book’s contributions offers a penetrating perspective on this complex matter, touching on such aspects as the following: investment disputes arising from States’ climate measures or actions; whether and how states can file counterclaims against investors in such disputes; the appropriate role for climate science at various stages of arbitration; how to assess damages in cases involving fossil assets left stranded by the climate transition; and whether, on balance, existing international investment law supports or hinders the global energy transition. Along the way, arbitrators and other practitioners will gain insight into how to argue, defend, and assess climate-related investment disputes, using not only investment-treaty case law but also international climate agreements, human rights law, and environmental law. Policymakers are shown ways to design and implement climate policy and investment treaties in order to avoid claims by foreign investors. For policymakers, treaty and contract negotiators, dispute resolution lawyers, and international organizations, no other resource provides such incisive discussion of how to balance treaty-based investment protection against states’ inherent duty to regulate in the public interest.
| Author | : Matthias Herdegen |
| Publisher | : Oxford University Press |
| Total Pages | : 657 |
| Release | : 2024-04-04 |
| Genre | : Law |
| ISBN | : 0198897863 |
Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book examines classical topics of international economic law - such as WTO law, investment protection, commercial law, and monetary law - in context with emerging aspects of human rights, environmental protection, and the legitimate claims of developing countries. A perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to human rights implications of the exploiting natural resources and the legal impact of climate protection. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often-complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the newly developed forms of economic cooperation between states, such as the G7, the G20, or the BRICS. Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers new aspects and developments, with a particular focus on corporate social responsibility, challenges for WTO law, mega-regional agreements such as CPTPP, the impact of human rights law and environmental standards, and cryptocurrencies.
| Author | : Eduardo Lora |
| Publisher | : World Bank Publications |
| Total Pages | : 474 |
| Release | : 2006-10-23 |
| Genre | : Political Science |
| ISBN | : 0821365762 |
Latin America suffered a profound state crisis in the 1980s, which prompted not only the wave of macroeconomic and deregulation reforms known as the Washington Consensus, but also a wide variety of institutional or 'second generation' reforms. 'The State of State Reform in Latin America' reviews and assesses the outcomes of these less studied institutional reforms. This book examines four major areas of institutional reform: a. political institutions and the state organization; b. fiscal institutions, such as budget, tax and decentralization institutions; c. public institutions in charge of sectoral economic policies (financial, industrial, and infrastructure); and d. social sector institutions (pensions, social protection, and education). In each of these areas, the authors summarize the reform objectives, describe and measure their scope, assess the main outcomes, and identify the obstacles for implementation, especially those of an institutional nature.
| Author | : Kate Miles |
| Publisher | : Cambridge University Press |
| Total Pages | : 499 |
| Release | : 2013-10-24 |
| Genre | : Law |
| ISBN | : 1107039398 |
An examination of the origins of international investment law and their continued resonance in the twenty-first century.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 274 |
| Release | : 2021-12-02 |
| Genre | : |
| ISBN | : 9264682317 |
The Latin American Economic Outlook 2021: Working Together for a Better Recovery aims to analyse and provide policy recommendations for a strong, inclusive and environmentally sustainable recovery in the region. The report explores policy actions to improve social protection mechanisms and increase social inclusion, foster regional integration and strengthen industrial strategies, and rethink the social contract to restore trust and empower citizens at all stages of the policy‐making process.
| Author | : Diana Kapiszewski |
| Publisher | : Cambridge University Press |
| Total Pages | : 587 |
| Release | : 2021-02-04 |
| Genre | : Political Science |
| ISBN | : 110890159X |
Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.
| Author | : Eduardo Dargent |
| Publisher | : Inter-American Development Bank |
| Total Pages | : 117 |
| Release | : 2018-05-21 |
| Genre | : Political Science |
| ISBN | : 1597823201 |
Why is there a disparity in the levels of technical and institutional capacity of national statistical offices (NSOs) in the Latin American and Caribbean region? There is a consensus about the importance of having up-to-date and quality official statistics. The data from censuses, household surveys, and administrative records are an essential input for decision-making, and for the design, implementation, and evaluation of public policies in a country. However, this recognition of the value of statistics does not necessarily translate into greater support for the institutions responsible for their production. To understand the disparity in the capacity of NSOs, the publication provides an innovative approach: it uses the theoretical framework of the study of State capacity, and it develops a methodological framework to compare the political economy factors that influence statistical capacity, through case studies in ten countries of the region: Argentina, Bolivia, Brazil, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, and Peru. Additionally, the publication offers a series of recommendations to strengthen the capacity of NSOs in the region, which include the implementation of institutional reforms to modernize the legal frameworks that govern NSOs in order to grant them more autonomy and allow them to assume a coordinating role of the national statistical system; the greater use of administrative records; the promotion of a dialogue between the NSOs and the community of data users; the establishment of links with non-governmental and international actors; and adherence to international standards and best practices for the production and dissemination of official statistics.
