Abstract

The article addresses the future of the social participation in investment arbitration proceedings with an environmental component in Latin America. It begins by presenting new regulations that promote social participation in environmental matters and in investment arbitrations in general: the Escazú Agreement, on the one hand, and the UNCITRAL Rules on Transparency and the Proposal for Amendments to the ICSID Rules, on the other. It then analyses relevant Investor-State Dispute Settlement ("ISDS") jurisprudence that demonstrate a growing, albeit timid, tendency to promote the ...