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Is State-State Investment Arbitration an Old Option for Latin America?

Lubambo, M; (2016) Is State-State Investment Arbitration an Old Option for Latin America? Conflict Resolution Quarterly , 34 (2) pp. 225-247. 10.1002/crq.21175. Green open access

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Abstract

International arbitration is a recognized way to resolve economic conflicts. This article asks if state-state investment arbitration (SSIA) is an option for Latin America. It examines the language of investment treaty provisions, cases and arbitral awards involving states, and treaty-making practice in the region. The analysis shows some complementarity between the mechanisms of investor-state arbitration (ISA) and SSIA; sometimes, the latter is the only option. This article concludes that SSIA is neither a backlash nor a more effective mechanism compared to ISA. SSIA constitutes an opportunity for both home and host Latin American states to balance their investment treaty commitments.

Type: Article
Title: Is State-State Investment Arbitration an Old Option for Latin America?
Open access status: An open access version is available from UCL Discovery
DOI: 10.1002/crq.21175
Publisher version: http://doi.org/10.1002/crq.21175
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10043416
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