Investment Treaty Arbitration in Latin America
Bibliographic Data
| ID | 18960460 |
|---|---|
| Authors | Karen L Remmer (0000-0001-7000-7839, Duke University, corresponding author) |
| Year | 2019 |
| Volume | 54 |
| Issue | 4 |
| Pages | 795-811 |
| Publication date | 2019-12-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Latin American Research Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-8791 • E-ISSN: 1542-4278 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.25222/larr.154 |
| OpenAlex | W2995658629 |
| Language | EN |
| Citations received | 3 |
| References cited | 27 |
This study analyzes variations in the incidence of state involvement in investment treaty arbitration in Latin America and the Caribbean over the 1987–2014 period. Its main contributions are fourfold. First, by focusing on the balance of incentives and opportunities facing political leaders and foreign investors, the study establishes a new basis for understanding the reasons actors opt for the risks and uncertainties of international arbitration instead of resolving international investment disputes via alternative means. Second, by restricting the focus of research to the Latin American region, the study is able to move beyond the analysis of relatively time-invariant structural and institutional conditions and crude indicators to address the role played by the preferences of political actors. Third, by disaggregating disputes by sector of investment, the analysis documents the variable role of ideology and electoral incentives in investment treaty arbitration. Finally, by underlining the distinctiveness of the Latin American experience with investment treaty arbitration, the study offers new insights into the global backlash against investment treaty arbitration, which has gone farther in the region than anywhere else. Overall, the results underline the potential payoffs of breaking down the international experience with investment treaty arbitration into regional patterns to obtain a deeper and more granular understanding of the political economy of investor-state dispute settlement
Arbitration · Bilateral investment treaty · Compulsory arbitration · Economics · Foreign direct investment · Incentive · International investment · International trade · Investment (military) · Investment protection · Latin Americans · Market economy · Political science · Politics · Treaty · International Arbitration and Investment Law · International Law and Human Rights · Law · World Trade Organization Law
The Politics of Market Discipline in Latin America
Partisan Investment in the Global Economy
Bounded Rationality and Economic Diplomacy
The Database of Political Institutions 2017 (DPI2017)
Political Institutions and Policy Volatility
World Development Indicators 2015
A Mining Ban in El Salvador
The non-ratification of bilateral investment treaties in Brazil
Investment Arbitration
Bilateral Investment Treaties and FDI
Domestic Institutions, Capacity Limitations, and Compliance Costs
States Sued
When the Claim Hits
Political Risk, Democratic Institutions, and Foreign Direct Investment
Financial Markets and Politics
Why Should I Believe You? The Costs and Consequences of Bilateral Investment Treaties
Dependency Revisited
What Explains the Low Success Rate of Investor-State Disputes
The Politics of Financial Booms and Crises
The Rise of Leftist– Populist Governance in Latin America
Democracy, Autocracy, and Expropriation of Foreign Direct Investment
| Citations per year | 1 |
|---|---|
| Citation span | 2023 - 2025 (3) |
| Highly cited | No |