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TDM Call for Papers: "The Future of Investment Law in Latin America"

24 July 2020

Update July 2022 This TDM Special Issue has been published, table of contents and free excerpt here: TDM 4 (2022) - The Future of Investment Law in Latin America; El Futuro del Derecho de las Inversiones en América Latina. Note that we're always interested in related current developments concerning cases and regulatrory developments in Latin America so you are encouraged to submit proposals for articles to info@transnational-dispute-management.com (article guidelines and sample papers available upon request).

Sébastien Manciaux and Francisco Victoria-Andreu will be editing a Special Issue of Transnational Dispute Management (TDM, ISSN 1875-4120), titled "The Future of Investment Law in Latin America - El Futuro del Derecho de las Inversiones en América Latina".

According to the recent UNCTAD's Investment Policy Hub data, the flow of investment in Latin America has been increasing in the last decade. It is estimated that of the 3287 Bilateral Investment Treaties (BIT) existing globally, 548 have been signed by Latin American countries.

Despite this, the economic crises, the recent political changes in some countries in the region, and, more recently, the Covid-19 pandemic, have reopened the debate on the positive and negative aspects of those international legal instruments regarding to the promotion and protection of investments in Latin America.

Analysis and reflection in this regard find a niche in the following questions: Do BITs effectively promote the flow of investment to the host country, in our case to the Latin American countries? Do BITs protect only foreign investors? Do BITs allow for the sustainable development of Latin American investment host countries? Do international investment dispute settlement mechanisms offer legal certainty to both parties? Will the new framework of Investment Law in light of the adoption of the USMCA and other legal instruments open the ground for a Procedural forum shopping? Which is the future of investment law and investor/State arbitration in Latin America?

This TDM Special Issue will provide international practitioners and academics with an overview of the future of investment law and investment arbitration in Latin America.

Possible topics for submission to the special issue might include (non-exhaustive list):

• Investment law and coherence
• Investment law: normative and procedural dispersion
• Investment law and human rights
• Investment treaties and economic emergency measures
• Investment law and environment
• State Loi de Police and investment law: the Latin American approach
• Reluctance to investment arbitration in Latin America
• The possible return of Bolivia, Ecuador and Venezuela to ICSID
• Review and deference standards of investment treaty claims in Latin America
• Indirect expropriation in LatAm countries
• The future of international investment regulations in LatAm countries
• Non-precluded measures provisions in BIT of LatAm countries
• Is there consistency in arbitral jurisprudence?
• State of necessity in international investment law: the Latin American approach
• Public health emergency measures and investment law in LatAm
• The new framework of Investments law in light of the adoption of the USMCA (T-MEC)

Co-editors:

 

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