Abstract

YOUMBI FASSEU, Frédérique. Current Debates on Investor-State Arbitration in Latin America. Tla-melaua [online]. 2018, vol.12, n.45, pp.190-207. ISSN 2594-0716.

Investor-state arbitration is the most common dispute resolution mean in International Investment Law. The International Centre for Settlement of Investment Disputes, created in 1965 by the World Bank is known to be the principal institution of investor-state arbitration. To date, 161 countries are signatories to the Convention establishing ICSID. While investor state arbitration is still the main dispute resolution mean in international investment, its perception is shifting and its legitimacy is being challenged. Since 2005, there is a debate around the lawfulness and the equity of international arbitration.

It will be interesting in this article to identify what arguments are being raised against this mean of dispute resolution. Latin America has been at the forefront of the wave of challenges around investor-state arbitration via ICSID. Here, the Calvo doctrine has a huge impact on the continent’s perception and approach in International Law and International Relations. Therefore, investor-state arbitration is influenced by the Calvo doctrine. The second articulation of this article will focus on the Calvo doctrine and its effect in investor-state arbitration.

Keywords : Investor-State Arbitration; Latin American; International Investment Law; the International Centre for Settlement of Investment Disputes; Calvo doctrine.

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