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001 978-3-031-49382-9
003 DE-He213
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007 cr nn 008mamaa
008 240401s2024 sz | s |||| 0|eng d
020 _a9783031493829
_9978-3-031-49382-9
024 7 _a10.1007/978-3-031-49382-9
_2doi
050 4 _aK3820-3836
072 7 _aLBBM
_2bicssc
072 7 _aLAW051000
_2bisacsh
072 7 _aLBBM
_2thema
245 1 0 _aInternational Investment Law and Arbitration from a Latin American Perspective
_h[electronic resource] /
_cedited by Nitish Monebhurrun, Carolina Olarte-Bácares, Marco A. Velásquez-Ruiz.
250 _a1st ed. 2024.
264 1 _aCham :
_bSpringer International Publishing :
_bImprint: Springer,
_c2024.
300 _aXIII, 271 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aInternational Law and the Global South, Perspectives from the Rest of the World,
_x2510-1439
505 0 _aIntroduction - Legal protection offered to foreign investment in Latin America: context and general trends -- PART I- International Investment Law in Latin America: Where do we Stand? -- Brazilian CFIA - Evolution towards the traditional? -- INTERNATIONAL INVESTMENT LAW IN CHILE: RECENT DEVELOPMENTS IN TIMES OF REFORM -- International Investment Law and its scope in Argentina -- Venezuelan investment arbitration experience: from unilateral termination of Dutch treaty, the denunciation of ICSID Convention to its continued participation as respondent State in investment arbitration -- Philip Morris v. Uruguay through the lens of the ISDS trilemma -- PART II - Trends in dispute governance and settlement -- Dispute Prevention Methods in the Brazilian Agreements on Cooperation and Facilitation of Investments (CFIAs) -- THE BRAZILIAN BRANCHES IN THE ARBITRATION BENCH: CHALLENGES AND POSSIBILITIES IN FACE OF THE “PRECATÓRIO” SYSTEM AND CONSENSUALITY -- PART III - Trends in connecting investment law toHuman Rights -- The 2017 BIT Model of Colombia: A Human Rights Assessment from Investment Disputes against the State -- Peru and International Investment Agreements: Legal and Institutional challenges under a Business and Human Rights Perspective -- PART IV - Trends in Regionalization -- Mexico in International Investment Law: From NAFTA to USMCA.
520 _aThe 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.
650 0 _aInternational law.
_958292
650 0 _aTrade regulation.
_967131
650 0 _aMediation.
_965658
650 0 _aDispute resolution (Law).
_962030
650 0 _aArbitration (Administrative law).
_965659
650 0 _aEconomic history.
_957506
650 1 4 _aInternational Economic Law, Trade Law.
_967132
650 2 4 _aDispute Resolution, Mediation, Arbitration.
_965666
650 2 4 _aEconomy-wide Country Studies.
_968080
700 1 _aMonebhurrun, Nitish.
_eeditor.
_4edt
_4http://id.loc.gov/vocabulary/relators/edt
_974514
700 1 _aOlarte-Bácares, Carolina.
_eeditor.
_4edt
_4http://id.loc.gov/vocabulary/relators/edt
_974515
700 1 _aVelásquez-Ruiz, Marco A.
_eeditor.
_4edt
_4http://id.loc.gov/vocabulary/relators/edt
_974516
710 2 _aSpringerLink (Online service)
773 0 _tSpringer Nature eBook
776 0 8 _iPrinted edition:
_z9783031493812
776 0 8 _iPrinted edition:
_z9783031493836
776 0 8 _iPrinted edition:
_z9783031493843
830 0 _aInternational Law and the Global South, Perspectives from the Rest of the World,
_x2510-1439
_972605
856 4 0 _uhttps://doi.org/10.1007/978-3-031-49382-9
912 _aZDB-2-LCR
912 _aZDB-2-SXLC
999 _c58862
_d58862