| 书目名称 | Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm |
| 编辑 | María José Luque Macías |
| 视频video | |
| 概述 | Presents an innovative study on the Latin America approach to international investment protection.Draws on in-depth knowledge of international investment law and human rights law.Puts forward normativ |
| 丛书名称 | European Yearbook of International Economic Law |
| 图书封面 |  |
| 描述 | .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 doctri |
| 出版日期 | Book 2021 |
| 关键词 | Duty to regulate; Re-politicisation of international investment law; International investment law and |
| 版次 | 1 |
| doi | https://doi.org/10.1007/978-3-030-73272-1 |
| isbn_softcover | 978-3-030-73274-5 |
| isbn_ebook | 978-3-030-73272-1Series ISSN 2364-8392 Series E-ISSN 2364-8406 |
| issn_series | 2364-8392 |
| copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |
发表于 2025-3-21 19:52:51
