Two Solutions for One Problem: Latin America's Reactions to Concerns over Investor-State Arbitration
Article from: TDM 2 (2016), in Latin America
This article explores the diverging approaches to change in the investor-State arbitration framework amongst Latin American States. After setting out the two approaches, Sections 3, 4 and 5 of the article examine how the "withdrawal" and "reform" approaches treat the definitions of foreign investors and investments, the substantive protections to be afforded to foreign investments, and access to investor-State arbitration for foreign investors, respectively. The changes implemented by States adopting both the "withdrawal" and "reform" approaches are considered in light of previous ...