Latin America and international investment analyses the complex relationships between governments and foreign investors, and the influence of international organisations, corporations, civil society, and indigenous peoples, to examine the contribution that Latin America has made to the theory and practice of international investment law.

With the bilingual volume International Investment Law in Latin America: Problems and Prospects, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo and Paolo Turrini provide a regional perspective on one of the liveliest branches of international law by situating it in one of the most dynamic areas of the world. Latin America has always had an ambivalent relationship with international investment law and, more recently, it has been the home of harsh and resolute criticisms, questioning the ultimate legitimacy of the regime. By bringing together distinguished scholars of this legal field, the volume analyses ongoing trends and draws lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. Con el volumen bilingüe Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo y Paolo Turrini tienen por objetivo proporcionar una perspectiva regional para una de las ramas más vigorosas del derecho internacional, situándola en una de las áreas más dinámicas del mundo. Latinoamérica siempre ha tenido una relación ambivalente con el derecho internacional de inversiones y, más recientemente, ha sido el hogar de duras y decididas críticas en su contra, cuestionando la legitimidad última del régimen. Al reunir a distinguidos estudiosos de este campo legal, tanto de América Latina como de fuera de la región, este volumen analiza esta actual tendencia, extrayendo lecciones de las experiencias pasadas del continente e identificando posibles soluciones a los desafíos importantes que ahora enfrenta.

Latin American Investment Protections provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America, including applicable national laws, international treaties, stabilization regimes and known investor-State disputes.

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website