International investment and human rights in Latin America: A quest for balance

Polanco, Rodrigo Javier; Ferreira, Felipe (2022). International investment and human rights in Latin America: A quest for balance. In: Droubi, Sufyan; Flores Elizondo, Cecilia Juliana (eds.) Latin America and international investment law. A mosaic of resistance. Melland Schill Perspectives on International Law (pp. 261-294). Manchester: Manchester University Press

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This chapter analyzes how the debate between foreign investment and human rights has evolved in Latin America through an assessment of jurisprudence and treaty- making involving countries from the region and its own regional system for the protection of human rights. We argue that through the litigation of investor– state disputes Latin American countries have, maybe inadvertently, developed different approaches to introduce human rights arguments as a way to balance their international commitments. Through this exercise, Latin American countries have been able to promote consistency between investor– state dispute mechanisms and the protection of human rights looking for ways to adapt to the challenges of the system. One unexpected outcome has been the degree of involvement paid by some tribunals to human rights arguments whose discussion is, to some extent, limited by Inter- American Regime of Protection of Human Rights. The region has at the same time absorbed, resisted, and adapted the mainstream approaches to international investment law, as well as developed new ones.

Item Type:

Book Section (Book Chapter)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

UniBE Contributor:

Polanco, Rodrigo Javier

Subjects:

300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

ISBN:

978-1-5261-5507-8

Series:

Melland Schill Perspectives on International Law

Publisher:

Manchester University Press

Language:

English

Submitter:

Pablo Rahul Das

Date Deposited:

30 Mar 2022 12:36

Last Modified:

30 Mar 2022 12:36

Related URLs:

URI:

https://boris.unibe.ch/id/eprint/166621

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