Abstract

LUIS, Daniel Tavela  and  COSTA, José Augusto Fontoura. Bolivarian Republics and ICSID: Who is the Real Enemy?. Anu. Mex. Der. Inter [online]. 2016, vol.16, pp.189-212. ISSN 1870-4654.

Latin American countries, mainly the so called Bolivarian Republics, lead a reaction against the international system of promotion and protection of foreign investments. Their reaction's focus is the ICSID, which is regarded as a non-democratic and pro-investor institution that issues awards against developing and peripheral states. This article puts that political perception in perspective through the analisys of the lagal structure of the international tandem between ICSID and investment treaties, and the effective arbitration cases against Bolivia, Ecuador and Venezuela, as well as a brief study on regional alternatives and constitutional constraints.

Keywords : ICSID; investment arbitration; treaty arbitration; Bolivarian Republics; foreign investment; international investment protection.

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