Latin America and International Investment Law: A Mosaic of Resistance

Latin America has served as a complex laboratory for the development of international investment law, with governments and non-state actors resisting and welcoming mainstream approaches. This has led to a profusion of theories and doctrines, often embedded in clashing narratives. The practice of international investment law in Latin America combines the practices of governments, lawyers, and civil society, and the region has made significant contributions to the theory and practice of international investment law, particularly in human rights and sustainable development.

Format: Hardback
Length: 448 pages
Publication date: 08 February 2022
Publisher: Manchester University Press

Latin America has served as a dynamic and intricate testing ground for the evolution of international investment law. While certain governments and non-state actors have steadfastly adhered to the Latin American tradition of resistance towards the international investment law regime, others have actively sought to integrate it into the regional landscape. As a result, a diverse array of theories and doctrines, often entangled in conflicting narratives, has emerged. In Latin America, the practice of international investment law manifests as a vibrant tapestry of governmental approaches, ranging from resistance to embrace; legal assistance to foreign investors both domestically and internationally; and the unwavering efforts of civil society, indigenous peoples, and other stakeholders to advocate for human rights and sustainable development.

Latin America and international investment law delves into the intricate dynamics between governments, foreign investors, and investments. It explores the contrasting yet complementary forces exerted by international organizations, corporations, civil society, and indigenous peoples on the field. Moreover, it acknowledges the significant contributions made by Latin America to the development of international investment law, particularly in areas where the Latin American experience has been particularly traumatic, such as human rights and sustainable development.

Latin American scholars have been actively contributing to the theory of international investment law for well over a century, building upon the foundations laid by esteemed predecessors. This volume, in collaboration with these scholars, seeks to further advance the understanding and application of international investment law in the Latin American context.

In conclusion, Latin America has played a pivotal role in shaping the development of international investment law, offering a rich and diverse landscape for the exploration of complex legal issues. Through its unique blend of governmental, legal, and societal perspectives, Latin America continues to contribute to the global discourse on investment and development, ensuring that the interests of all stakeholders are safeguarded and promoted.

Dimension: 234 x 156 (mm)
ISBN-13: 9781526155078