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Is State‐State Investment Arbitration an Old Option for Latin America?
Author(s) -
Lubambo Murilo
Publication year - 2016
Publication title -
conflict resolution quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.323
H-Index - 21
eISSN - 1541-1508
pISSN - 1536-5581
DOI - 10.1002/crq.21175
Subject(s) - arbitration , treaty , latin americans , investment (military) , state (computer science) , complementarity (molecular biology) , political science , international arbitration , law and economics , business , international trade , law , economics , computer science , algorithm , politics , biology , genetics
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.