At a time of various national crises and new global challenges that put the Andean Community’s security and integrity at risk, its member countries seek, above all, to protect themselves with their weak democracies, precarious institutional systems and contradictory national legal systems. These state actions, which largely reflect the rule of law´s deficiency in the member countries, causes infringement of Andean community law, reiterate lack of interest in consolidating Andean integration, violate human rights, and, above all, disregard our supranational organization’s community of law based on the rule of law. To reverse this situation, in this article, we propose that the judicial system of the Andean Community be in charge of preserving the Member Countries’s rule of law and strengthening the Andean Community’s community of law based on the rule of law, through new judicial...

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...

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...

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 ...