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Trade Agreements, Investment Protection and Dispute Settlement in Latin America

Trade Agreements, Investment Protection and Dispute Settlement in Latin America

Author: Belén Olmos Giupponi
Publisher: Kluwer Law International
ISBN: 9789041182333
Published In: January 2019
Format: Hardback
Jurisdiction: Latin America ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Trade Agreements, Investment Protection and Dispute Settlement in Latin America analyses the evolution and current landscape of dispute settlement in trade and investment agreements in the Americas. In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. The book looks beyond focusing on formalized dispute settlement mechanisms to underline other techniques such as alternative dispute resolution channels, including dispute prevention practices. In proposing solutions to the current challenges, the book taps into the precedents and practice, stressing the relevant domestic and international case law on dispute resolution applicable to these treaties.

What’s in this book:
Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region’s various economic blocs. Among the many issues and topics raised, the following may be mentioned:
- questions of compliance and procedure in the context of today’s international investment regime;
- formalized dispute settlement mechanisms;
- alternative dispute resolution channels, including dispute prevention practices;
- legitimacy and transparency of the various dispute settlement mechanisms;
- inclusion of social clauses in trade and investment agreements; and
- avoidance of investment treaty liability.
In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change

How this will help you:
As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book’s detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres, and officials in international organizations will welcome this book’s model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.
About the Authors

Foreword

Preface

List of Abbreviations

INTRODUCTION
The Rise of Transnational Economic Law in the Americas

PART I
General Legal Aspects of Trade Agreements, Investment Protection and
Dispute Resolution in the Americas

CHAPTER 1
International Dispute Settlement, International Economic Law and American
States

PART II
Investment Dispute Settlement

CHAPTER 2
Foreign Direct Investment in Latin America

CHAPTER 3
Foreign Direct Investment and Dispute Resolution in Latin America

PART III
Trade in Context: Latin American Countries and the WTO

CHAPTER 4
The Role of Latin American States in the World Trading System

CHAPTER 5
Regional Trade Agreements in the Americas

PART IV
Dispute Settlement in Trade Agreements

CHAPTER 6
Dispute Settlement in the North American Free Trade Agreement: Past,
Present and Future

CHAPTER 7
Dispute Settlement in the Dominican Republic–Central America Free Trade
Agreement

CHAPTER 8
The Central American Integration System and Dispute Settlement

CHAPTER 9
Dispute Settlement in the Andean Community

CHAPTER 10
The Common Market of the South (MERCOSUR)

CHAPTER 11
The Changing Scenario of Economic Cooperation in Latin America: New
Initiatives and New Actors

CONCLUSIONS