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

24 July 2020

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:

Time line and submission guidelines:

Proposals, along with authors' profiles (150-200 words) should be submitted to the editors - contact info here - until 15 December 2020. Notifications of acceptance will be sent by 31 December 2020. Full papers should be submitted until 31 March 2021. Publication is expected in the second quarter of 2021.

Se aceptan propuestas en español. El escrito final deberá contener un estracto en inglés. TDM Convocatoria para el envío de artículos sobre: "El Futuro del Derecho de las Inversiones en América Latina"

Articles accepted for publication ahead of this schedule can also go through TDM's on-line advance publication process allowing your work to reach its target audience as soon as the paper completes peer review and editing process. Contributors might be asked to cross-review up to two other papers.

Articles and short articles can be submitted. The minimum word count of articles should be 5000 words (excluding footnotes, endnotes, appendices, tables, summary etc.). The maximum word count of articles should be 9000 words (10000 words including footnotes, endnotes, appendices, tables, summary etc. Longer contributions can be considered for publication on exceptional basis. Articles should include summaries (150-200 words).

Citation style, with emphasis on internet sources, should strictly conform to the 4^th edn of the Oxford University Standard for the Citation of Legal Authorities (OSCOLA) along with the 'OSCOLA 2012 Citing International Law Sources Section'.[1] Papers should be prepared according to the TDM Submission Guidelines, available at: www.transnational-dispute-management.com/contribute.asp (more information available upon request)

Feel free to circulate this call for papers amongst friends, colleagues and other people who you think may have an interest in this topic.

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