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- Title
Is State-State Investment Arbitration an Old Option for Latin America?
- Authors
Lubambo, Murilo
- 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.
- Subjects
INTERNATIONAL arbitration; INVESTMENTS -- International cooperation; TREATIES; INTERNATIONAL commercial arbitration; ARBITRATION &; award
- Publication
Conflict Resolution Quarterly, 2016, Vol 34, Issue 2, p225
- ISSN
1536-5581
- Publication type
Article
- DOI
10.1002/crq.21175