Counterclaims and Latin America: Proposals Aimed at Combatting Corruption Through ISDS While Vindicating the System's Legitimacy Within the Region
Article from: TDM 4 (2022), in Latin America
In this article, we argue that State counterclaims could be implemented in corruption-related disputes in order to vindicate ISDS as an effective means to combat this systemic problem within the region. In the following sections, we will first analyze Latin America's historically complex relationship with ISDS considering the looming legitimacy crisis that the system is currently experiencing, highlighting the need to renew ISDS by exploiting its potential as an effective mechanism to fight one of the region's most pressing issues: corruption (Section I). Afterwards, ...