Fabian Cardenas
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Jean d’Aspremont
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International investment law in Latin America
Universalizing resistance
in Latin America and international investment law
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The authors argue that international investment law does what it does by virtue of its ambivalent relationship towards universality. With a specific emphasis on Latin American legal thought and practice, the chapter shows how international investment law come to simultaneously accommodate claims of universality as well as resistance thereto. The authors explain how the sources metaphoric discourse enable the simultaneous vindication of both universality and resistance to universality. Then, they elaborate on how the enabling of an ambiguous engagement with universality came to inform the systematic use and espousal of the sources of international law in international legal thought and practice in Latin America. The attention turns to how this ambivalence manifests itself in the way in which the content is allocated to the concepts of international investment law like the international minimum standard and the standard of compensation. The chapter ends with a few concluding remarks on how such ambivalence towards universality is not accidental and makes the claim that resistance to universality is a form of cynicism at the service of universality itself.

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