To reduce the spread of the COVID-19 virus, States have been taking various measures to safeguard public health and other interests of their populations, actions that are not exempt from criticism, some will be considered necessary and reasonable, adopted in accordance with the state regulatory powers provided for by International Law. Others, on the other hand, because they might be considered arbitrary, disproportionate, and discriminatory, will be understood as violating International Investment Law and specific standards contained in Investment Treaties. Probably, in relation to many of these measures, the most discordant voices will be those of foreign investors, who may consider their interests severely harmed.Because of this situation of collision between legal regimes and interests protection of public health vs. protection of foreign investment, this article explores how amicus ...

Within international investment arbitrations, international protection is usually denied to investments that have been made through acts of corruption as the majority of the investment arbitration tribunals do not assume jurisdiction or the claims are considered inadmissible. These decisions, inevitably and indirectly, lead to the exoneration of international responsibility of the defendant States due to the corruption of their public officials, even when these illicit acts are not configured unilaterally, existing, in most cases, shared responsibility between the investor and the State. By not sanctioning corruption, the current crisis in the investment dispute resolution system is aggravated, which, on the contrary, requires urgent and consensual solutions to guarantee a viable reform. Faced with this worrying scenario, this article examines mechanisms to achieve the confluence between...

Within international investment arbitrations, international protection is usually denied to investments that have been made through acts of corruption as the majority of the investment arbitration tribunals do not assume jurisdiction or the claims are considered inadmissible. These decisions, inevitably and indirectly, lead to the exoneration of international responsibility of the defendant States due to the corruption of their public officials, even when these illicit acts are not configured unilaterally, existing, in most cases, shared responsibility between the investor and the State. By not sanctioning corruption, the current crisis in the investment dispute resolution system is aggravated, which, on the contrary, requires urgent and consensual solutions to guarantee a viable reform. Faced with this worrying scenario, this article examines mechanisms to achieve the confluence between...

El artículo no presenta resumen.

To reduce the spread of the COVID-19 virus, States have been taking various measures to safeguard public health and other interests of their populations, actions that are not exempt from criticism, some will be considered necessary and reasonable, adopted in accordance with the state regulatory powers provided for by International Law. Others, on the other hand, because they might be considered arbitrary, disproportionate, and discriminatory, will be understood as violating International Investment Law and specific standards contained in Investment Treaties. Probably, in relation to many of these measures, the most discordant voices will be those of foreign investors, who may consider their interests severely harmed.Because of this situation of collision between legal regimes and interests —protection of public health vs. protection of foreign investment—, th...

El objetivo del presente artículo es realizar un análisis critico de un laudo arbitral emitido por un Tribunal constituido bajo los auspicios del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (en adelante CIADI), desde el punto de vista de la debida interpretación y aplicación del Derecho a la Controversia. En opinión del autor, el laudo arbitral analizado determinó que el Estado receptor de la inversión incurriera en responsabilidad internacional frente al inversionista extranjero, al interpretar de manera equivocada la relación existente en este tipo de controversias entre el Derecho Internacional y el Derecho Nacional.

International Investment Law, and Investment Arbitration in particular, are at a stage of change and challenge, which will be accelerated as a result of disputes that will arise as a result of the COVID-19 pandemic. In recent years, both, Investment Treaties and investment arbitral awards, have undergone changes of various kinds, most of them in terms of achieving a greater balance between the protection of investments and the protection of the regulatory powers of States, in accordance with the theory of proportionality. Important arbitral awards have recently been issued, which have had as its central theme the protection of public health. COVID-19 cases will further drive these changes. This article aims to provide some elements of analysis that may allow investors and Host States to know what can be expected in terms of investment arbitration and public health, in extraordinary times...

International Investment Law, and Investment Arbitration in particular, are at a stage of change and challenge, which will be accelerated as a result of disputes that will arise as a result of the COVID-19 pandemic. In recent years, both, Investment Treaties and investment arbitral awards, have undergone changes of various kinds, most of them in terms of achieving a greater balance between the protection of investments and the protection of the regulatory powers of States, in accordance with the theory of proportionality. Important arbitral awards have recently been issued, which have had as its central theme the protection of public health. COVID-19 cases will further drive these changes. This article aims to provide some elements of analysis that may allow investors and Host States to know what can be expected in terms of investment arbitration and public health, in extraordinary times...

ccarbaja@ulima.edu.pe

Within international investment arbitrations, international protection is usually denied to investments that have been made through acts of corruption as the majority of the investment arbitration tribunals do not assume jurisdiction or the claims are considered inadmissible. These decisions, inevitably and indirectly, lead to the exoneration of international responsibility of the defendant States due to the corruption of their public officials, even when these illicit acts are not configured unilaterally, existing, in most cases, shared responsibility between the investor and the State. By not sanctioning corruption, the current crisis in the investment dispute resolution system is aggravated, which, on the contrary, requires urgent and consensual solutions to guarantee a viable reform. Faced with this worrying scenario, this article examines mechanisms to achieve the confluence between...

El artículo no presenta resumen.

To reduce the spread of the COVID-19 virus, States have been taking various measures to safeguard public health and other interests of their populations, actions that are not exempt from criticism, some will be considered necessary and reasonable, adopted in accordance with the state regulatory powers provided for by International Law. Others, on the other hand, because they might be considered arbitrary, disproportionate, and discriminatory, will be understood as violating International Investment Law and specific standards contained in Investment Treaties. Probably, in relation to many of these measures, the most discordant voices will be those of foreign investors, who may consider their interests severely harmed.Because of this situation of collision between legal regimes and interests —protection of public health vs. protection of foreign investment—, th...

Within international investment arbitrations, international protection is usually denied to investments that have been made through acts of corruption as the majority of the investment arbitration tribunals do not assume jurisdiction or the claims are considered inadmissible. These decisions, inevitably and indirectly, lead to the exoneration of international responsibility of the defendant States due to the corruption of their public officials, even when these illicit acts are not configured unilaterally, existing, in most cases, shared responsibility between the investor and the State. By not sanctioning corruption, the current crisis in the investment dispute resolution system is aggravated, which, on the contrary, requires urgent and consensual solutions to guarantee a viable reform.Faced with this worrying scenario, this article examines mechanisms to achieve the confluence between ...

This article analyzes the evolution of the foreign investment dispute settlement system in Latin America, highlighting the region's leading role in international arbitration. It also analyzes the effects of BITs and FTAs, as well as the criticisms of the traditional model. On the other hand, the Peruvian experience is contrasted with the preventive approach of the Brazilian model. It also discusses the reform proposals promoted by UNCITRAL. Finally, a convergent model that balances public and private interests is proposed.

This article analyzes the evolution of the foreign investment dispute settlement system in Latin America, highlighting the region's leading role in international arbitration. It also analyzes the effects of BITs and FTAs, as well as the criticisms of the traditional model. On the other hand, the Peruvian experience is contrasted with the preventive approach of the Brazilian model. It also discusses the reform proposals promoted by UNCITRAL. Finally, a convergent model that balances public and private interests is proposed.

El presente artículo describe las relaciones entre estos dos elementos, a la vez que realiza una breve reseña del proceso de liberación de la economía peruana. Asimismo, analiza la regulación internacional del comercio y la inversión, su tratamiento legislativo nacional y la relación que tiene la inversión con el desarrollo, con el objeto de plantear los lineamientos que debería tener una política general de inversiones, destinada a lograr nuestro desarrollo económico.

El presente artículo describe las relaciones entre estos dos elementos, a la vez que realiza una breve reseña del proceso de liberación de la economía peruana. Asimismo, analiza la regulación internacional del comercio y la inversión, su tratamiento legislativo nacional y la relación que tiene la inversión con el desarrollo, con el objeto de plantear los lineamientos que debería tener una política general de inversiones, destinada a lograr nuestro desarrollo económico.

El presente artículo describe las relaciones entre estos dos elementos, a la vez que realiza una breve reseña del proceso de liberación de la economía peruana. Asimismo, analiza la regulación internacional del comercio y la inversión, su tratamiento legislativo nacional y la relación que tiene la inversión con el desarrollo, con el objeto de plantear los lineamientos que debería tener una política general de inversiones, destinada a lograr nuestro desarrollo económico.