Abstract

GHIOTTO, Luciana. The "Freedom to Invest" in light of the Argentinian case: an analysis of Bilateral Investment Treaties. Tla-melaua [online]. 2015, vol.9, n.38, pp.24-44. ISSN 2594-0716.

This article intends to review the international legal platform that has been established to guarantee the free circulation of investment, which has become a central issue in contemporary capitalism, characterized by the command of capital in its monetary form. Therefore, in the past thirty years, we have witnessed an growing search for protection of monetary movement generated through legal frameworks that support the unrestricted movement of capital across state borders. In particular, we will here focus on the Bilateral Investment Treaties (BIT). In these treaties, the clause of extension of jurisdiction has a particular importance. It allows transnational corporations to bring a law suit against states in supra-national bodies, such as the International Center for Settlement of Investment Disputes (ICSID).

Keywords : Bilateral Treaty; ICSID; Critic theory; Social Antagonism.