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In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.
This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the 'new regionalism', which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities. Looking at the four key regional integration processes, namely the Caribbean Community, the Central American Integration System, the Andean Community of Nations and the Southern Common Market, and also at the North American Free Trade Agreement, it shows how the integration process has reached a considerable degree of consolidation. Writing on key sources in English for the first time, this book will be essential reading for all free trade and human rights scholars.
"Many of the papers included in this volume were first presented and discussed in the Spring of 2000 at a conference on lessons from the NAFTA for the FTAA"--Pref.
This work is a comprehensive collection of cutting-edge scholarship on the economic, international business, political, legal, and environmental ramifications of globalization—one of the hottest topics of the day. International trade is as old as nations. During the last five decades, however, advances in technology and transportation have changed the scope and method of international trade. Disputes rage about the effects of these changes; advocates for different positions offer argument, but little factual or theoretical analysis. Globalization offers all the information readers need to sort out the arguments. Written with the highest degree of scholarship, intended for college students or working professionals, the encyclopedia provides both introductory material to broad economic, legal, political, and environmental theory, and in-depth analysis of how theory interacts with practice in the framework of global trade. A trader in New York can, in a matter of seconds, execute a billion-dollar currency transaction in Hong Kong. What does this transaction mean to New Yorkers, to residents of Hong Kong, and to the rest of the world? This book gives readers the tools to answer those questions.
Why do some export activities succeed while others fail? Here, research teams analyze export endeavors in Latin American countries to learn how export pioneers are born and jump-start a process leading to economic transformation. Case studies range from blueberries in Argentina and flowers in Colombia to aircraft in Brazil and software in Uruguay.
Combining an analysis of regionalism from a systemic view with a domestic political-economy analysis, this book sheds light on the new dynamics and emerging configurations of regionalisms and interregionalisms in the post-Trans-Pacific Partnership (TPP). Donald Trump’s presidency has transformed trans-Pacific economic and political relations, contrasting sharply with President Obama’s ‘pivot to Asia’ strategy. Unilateralism and bilateralism have returned to the center stage, at the cost of regionalism, interregionalism, and multilateralism. Understanding these new dynamics requires closer examination of the underlying domestic political economies. Examining ten country case studies of multi-actor agency at the national level, expert contributors argue that trans-Pacific relations should not only be explained in terms of the behavior of the major powers, but that medium powers, and even small countries, can exert influence and occupy strategic nodes and contribute to shaping a new international relations network. Their findings will be of interest to scholars of international relations, international political economy, regionalism, and international economics.
China's emergence has raised pointed questions about the future of manufacturing in Latin America. This paper looks at this challenge and its implications. It begins by asking: Does manufacturing still matter for Latin America? It argues that the region cannot afford to turn its back to a well-proven road to development. It then moves on to show that endowments, productivity, scale and the government's role, all work together to make China a formidable competitor. The importance of this challenge is confirmed by an analysis of the trade data, which suggests a small impact so far, but a disquieting trend.