International Investment Law and ISDS: Mapping Contemporary Latin America

In Katia Fach Gómez and Catharine Titi (eds), The Latin American Challenge to the Current System of Investor-State Dispute Settlement

Journal of World Investment & Trade: Special Issue 17 (4), 2016

14 Pages Posted: 26 May 2016 Last revised: 10 Apr 2020

See all articles by Katia Fach Gómez

Katia Fach Gómez

University of Zaragoza

Catharine Titi

CNRS; University Paris II Panthéon-Assas

Date Written: April 1, 2016

Abstract

In recent years, the negotiation and conclusion of international investment agreements (IIAs) in Latin America has gone hand-in-hand with a rethinking of investment standards and the elaboration of new IIA models. This is evident, among others, in Brazil’s cooperation and facilitation investment agreements (CFIAs), the continuing negotiations on the creation of a regional dispute settlement centre under the aegis of the Union of South American Nations (UNASUR), some recently-released investment policy documents and amendments to national arbitration laws for disputes involving the State. The article highlights such developments emphasising the broad spectrum of local approaches that vary from convergence to divergence in order to interpret Latin American countries’ position in the existing investor-State dispute settlement (ISDS) system and reveal the role that the sub-continent can play in the future design of ISDS.

Keywords: Latin America, international investment law, Brazil’s cooperation and facilitation investment agreements (CFIAs), UNASUR Centre for the Settlement of Investment Disputes, national arbitration laws, investor-State dispute settlement, dispute prevention and alternative dispute resolution (ADR)

JEL Classification: F02, F13, F21, F53, K41, K39, K40, K10, K33, K49, K12, K19, K20, K29, H70, E22, H87, F50, F52

Suggested Citation

Fach Gomez, Katia and Titi, Catharine, International Investment Law and ISDS: Mapping Contemporary Latin America (April 1, 2016). In Katia Fach Gómez and Catharine Titi (eds), The Latin American Challenge to the Current System of Investor-State Dispute Settlement, Journal of World Investment & Trade: Special Issue 17 (4), 2016, Available at SSRN: https://ssrn.com/abstract=2784722

Katia Fach Gomez

University of Zaragoza ( email )

Pedro Cerbuna 12
Zaragoza, zaragoza 50009
Spain

University Paris II Panthéon-Assas ( email )

CERSA, 12 place du Panthéon
Paris, 75005
France

HOME PAGE: http://cersa.cnrs.fr/titi-catharine/

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