Titlebook: Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm; María José Luque Macías Book 2021 The

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The Politicisation of International Legal Instruments Protecting Foreign Investment in Latin Americestment activities can be characterised as a politicisation process and that this contestation has been traditionally articulated in terms of sovereign rights. To discuss this hypothesis, this chapter divides the historical analysis into three historical periods and places the Latin American histori

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Re-politicisation of IIL by States Through an Articulation of Their Duty to Regulate in IIAs,on of IIL consistent with the duty to regulate paradigm is on the rise and which reforms are required to strengthen tribunals’ recognition of this duty in ISDS. Following a case study approach, this chapter critically assesses the argumentative strategies of Latin American countries and tribunals’ r

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Re-politicisation of IIL by a Regional ISDS Tribunal Through Its Engagement with Inter-Regime Tensiities by means of IIAs. In addition, this process also demands that international tribunals recognize the potential for inter-regime tensions and thus engage expeditiously in their review. Inspired by the (now likely extinct) idea of establishing a regional ISDS tribunal under the auspices of UNASUR

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