What is it about?
The article argues for the need of an alternative way of thinking about international investment law and investor-State disputes in Latin America. The article explains how the current critical approach to foreign investment in the region comes from a conceptual trajectory that originated in the 19th century and how a principles discourse would be a viable alternative for enhancing the legitimacy of investment arbitration.
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Why is it important?
It provides a framework for the development of a Latin American discursive legal approach to deal with international investment law. One that seeks to challenge the way that Latin American countries usually perceive Investor-State conflicts.
Perspectives
This regional principles approach for investment expressed here can work as a legal bridge between the logic of the international investment law regime and the social reality of the population of Latin America. Moreover, it can also be a methodological reference to other regions in the world that are struggling with investor-State disputes.
Gustavo Prieto
Universita degli Studi di Verona
Read the Original
This page is a summary of: The Rise of Common Principles for Investment in Latin America: Proposing a Methodological Shift for Investor-State Dispute Settlement, The Journal of World Investment & Trade, August 2016, Brill,
DOI: 10.1163/22119000-12340006.
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