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Shifting Paradigms in International Investment LawMore Balanced, Less Isolated, Increasingly Diversified$
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Steffen Hindelang and Markus Krajewski

Print publication date: 2016

Print ISBN-13: 9780198738428

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198738428.001.0001

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Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America

Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America

Chapter:
(p.291) XII Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America
Source:
Shifting Paradigms in International Investment Law
Author(s):

María José Luque Macías

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198738428.003.0013

Despite strong criticism against international investment agreements and investor–State dispute settlement, Latin American countries mostly uphold both legal means as effective methods for the protection of foreign investment. This chapter, however, primarily explores policy shifts in Latin America towards national laws and investment contracts, and regional initiatives aimed at the creation of a regional forum for the resolution of investment disputes (‘UNASUR Centre’) and an Observatory on Investment and Transnational Corporations (‘The Observatory’). Taking into account all available data, this contribution shows that Latin American countries, albeit to varying degrees, are also turning to the abovementioned instruments for dealing with the potential constraints that investment protection might also pose over State regulatory power. Additionally, the UNASUR Centre and the Observatory also serve this purpose, thereby bringing about a renewed interest for the potentiality of inter-State investment dispute settlement and South–South cooperation for the improvement of ISDS respectively.

Keywords:   International Investment Agreements (IIAs), Investor–State Dispute Settlement (ISDS), investment contracts, investment laws, stabilization clauses, UNASUR Centre, inter-State dispute settlement, Observatory on Investment and Transnational Corporations

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