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Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm (European Yearbook of International Economic Law, 14) by María José Luque Macías (auth.) is a nonfiction available to read on EtoBox.

What is Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm (European Yearbook of International Economic Law, 14) about?

This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrin

Who reads Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm (European Yearbook of International Economic Law, 14)?

Author

María José Luque Macías (auth.)

Publisher

Springer International Publishing : Imprint: Springer

Published

2021

Language

EN

ISBN

9783030732721

Category

nonfiction

Subjects

Economics, Business, Law