Abstract

CHAMORRO CORONADO, Luis María. Protección de inversiones extranjeras: aproximación a los aspectos más relevantes del Acuerdo de Promoción y Protección Recíproca entre España y México. Estud. soc [online]. 2006, vol.14, n.28, pp.107-135. ISSN 0188-4557.

The object of the present work focuses in analyzing a basic and novel legal instrument for the protection of foreign investments: the Bilateral Investment Treaties (BITs). Approximately 2400 bits have been concluded in the world so far. This work is centered in the Agreement signed by Spain with Mexico. First, due to the Spanish investment flow towards Mexico and, secondly, to the progressive increase of Mexican companies settled in Spain -breaking the dependence of the Mexican economy on the United States-, it is highly interesting to know the range of the main clauses contained in the Treaty because the peaceful and productive development of the investment may depend on them. From a bilateral point of view, Mexico has been able to overcome its initial distrust in relation to the foreign investor and has signed 21 Bilateral Investment Treaties with the European Union's main economies, and some American and Asian countries. The analysis of the range of some of the most controversial clauses in these Agreements, together with their dispute resolution mechanisms and their case law application, constitutes the main object of this paper.

Keywords : bilateral investment treaties; foreign investment; commercial liberalization; NAFTA; dispute resolution mechanisms.

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