Research Handbook on Foreign Direct Investment
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Research Handbook on Foreign Direct Investment

Edited by Markus Krajewski and Rhea T. Hoffmann

Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
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Chapter 16: Latin America

Katia Fach Gómez

Abstract

The chapter focuses on current legislative policies on investment in Latin American countries, and the main characteristics and legal consequences of the investment arbitration claims with which these states have been confronted to date. It therefore provides a succinct historical overview of international investment and investor-State dispute settlement (ISDS) in Latin America and outlines Latin American countries’ main complaints regarding the current ISDS system, which necessarily refer to their critical view of the International Centre for Settlement of Investment Disputes (ICSID). Moreover, the chapter takes a close look at the multifaceted legal opposition to ISDS in Latin American countries, and explores some initiatives that are currently providing inspiration for the future of investment dispute resolution in Latin America.

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