Latin America and international investment law

A mosaic of resistance

Editors:
Sufyan Droubi
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Cecilia Juliana Flores Elizondo
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Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation, not uniform but sharply fragmentary, of the practice of the governments sometimes resisting sometimes welcoming the mainstream approaches; the practice of the lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples, and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments, the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have imprinted to the field; the contribution that Latin America has made to the development of the theory and practice of international investment law – notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. The authors are not only lawyers but also political scientists, not only academics but also practitioners. To the theory of international investment law, Latin American scholars have been contributing for over a century – and resting on the shoulders of true giants, Latin America and international investment law aims at pushing this contribution a little further.

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