Dispute resolution regarding foreign investments: analysis of the Latin American position facing ICSID

• Grant number: 13/08361-2
• Support Opportunities: Scholarships in Brazil - Master
• Start date: August 01, 2013
• End date: December 30, 2015
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Jete Jane Fiorati
• Grantee: Érika Capella Fernandes
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
• Associated scholarship(s): 14/01746-9 - Foreign investment protection and regulatory measures taken by host states: ICSID arbitral tribunals' interpretation, BE.EP.MS

Abstract

The following research seeks to inquire the Latin American States positioning face the International Centre for Settlement of Investment Disputes - ICSID. Latin America has been receiving a great income of foreign investments, as well as Latin American enterprises have expanded their activities in the international fields, becoming international investors. However, Latin American countries have increasingly developed distrust face investment arbitration, which can be empirically verified by some of those countries' policies, like the possible non-fulfillment of ICSID decisions by the Argentine government, as well as Bolivian's, Ecuadorian's and Venezuelan's withdrawals from 1965 Washington Convention, and also the absence of ratification from Latin American most important economies - Brazil and Mexico -, besides the proposals of creation of a regional center for settlement of investment disputes within Unasul. That's the process which is intend to verify in this research, inquiring what are the main criticisms related to ICSID by Latin American countries and if these criticisms may be justified over the structure, profile and decisions dictated by such organism.

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

FERNANDES, Érika Capella. . 2015. Master's Dissertation - Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca Franca.