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1
artículo
Publicado 2018
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This article develops the following idea: A change in the internal regulatory framework related to foreign investors in a State can be useful to prevent conflicts and Investor-Sate Dispute Settlement. Also it can serve to States that have terminated its international agreements to remain attractive to Foreign Direct Investment at the legal level. The change of the internal regulation may follow the basic standards of International Investment Agreements in order to achieve this goal.
2
artículo
Publicado 2018
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This article develops the following idea: A change in the internal regulatory framework related to foreign investors in a State can be useful to prevent conflicts and Investor-Sate Dispute Settlement. Also it can serve to States that have terminated its international agreements to remain attractive to Foreign Direct Investment at the legal level. The change of the internal regulation may follow the basic standards of International Investment Agreements in order to achieve this goal.
3
artículo
Publicado 2021
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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...
4
artículo
Publicado 2021
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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...
5
artículo
The article starts from the political-juridical concept of constitutionalism or constitutionalismsand asks for the implications that these concepts may have for the economic concepts of constitutionalism and constitutionalization related to international investment law. Specifically, the article asks itself if the theoretical debate relative to the political-juridical concepts of constitutionalism have any implications on the debate regarding the constitutionalization of international investment law and the problems of lack of coherence and consistency displayed by the arbitral awards of international investment law. The article concludes in answering what would be the effects of the extrapolation of said theoretical concepts over the balance of probabilities of success for States and investors in international arbitration.
6
artículo
To demonstrate the effect of International Diversification on the risk of Investment Portfolio and has as secondary objectives: obtaining an efficient frontier for the analysis and comparison of investment options in various international markets. The present work is a type of non-experimental, quantitative cross-sectional, descriptive and explanatory research that is based on the quantification of indicators of financial assets listed on the Stock Exchange of Chile, Brazil, the United States, Switzerland, Spain, Hungary, India and Japan in the period between 2011-2019 for the formation of investment portfolios. For the purposes of the present research, 40 shares listed on the Stock Exchange of Chile, Brazil, the United States, Switzerland, Spain, Hungary, India and Japan were taken as reference universe. However, after a debugging process based on the levels of correlation between a...
7
artículo
The article starts from the political-juridical concept of constitutionalism or constitutionalismsand asks for the implications that these concepts may have for the economic concepts of constitutionalism and constitutionalization related to international investment law. Specifically, the article asks itself if the theoretical debate relative to the political-juridical concepts of constitutionalism have any implications on the debate regarding the constitutionalization of international investment law and the problems of lack of coherence and consistency displayed by the arbitral awards of international investment law. The article concludes in answering what would be the effects of the extrapolation of said theoretical concepts over the balance of probabilities of success for States and investors in international arbitration.
8
artículo
In this article, the author intends to look into the identity of the legality requirement in international investment arbitration. For this purpose, first, the author offers a formulation of the legality requirement. Second, he provides a legal justification of the requirement based on the elements that make it up part of it as well as the rationale of international investment law. Finally, the author points out some consequences that follow the proposed justification. The author uses relevant arbitral awards in order to contrast the justification proposed with the on-going practice of arbitral tribunals, arguing that the legality requirement is an expression of the validity requirement of the investment as an object of protection under international investment law.
9
artículo
The illegality of the actions of foreign capital in the field of investment arbitration is a recurring theme in the cases defended by the Peruvian State, for which reason the author deals in detail with the usual practices and arguments in these international defenses. For this purpose, he relies on the review of several CIADI arbitral decisions, where the legality of investments has been analyzed in a decisive manner to reject or declare an arbitration claim inadmissible.
10
artículo
In this article, the author intends to look into the identity of the legality requirement in international investment arbitration. For this purpose, first, the author offers a formulation of the legality requirement. Second, he provides a legal justification of the requirement based on the elements that make it up part of it as well as the rationale of international investment law. Finally, the author points out some consequences that follow the proposed justification. The author uses relevant arbitral awards in order to contrast the justification proposed with the on-going practice of arbitral tribunals, arguing that the legality requirement is an expression of the validity requirement of the investment as an object of protection under international investment law.
11
artículo
The illegality of the actions of foreign capital in the field of investment arbitration is a recurring theme in the cases defended by the Peruvian State, for which reason the author deals in detail with the usual practices and arguments in these international defenses. For this purpose, he relies on the review of several CIADI arbitral decisions, where the legality of investments has been analyzed in a decisive manner to reject or declare an arbitration claim inadmissible.
12
artículo
Publicado 2008
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We begin 2008 with the determination to continue encouraging research under the strictest parameters existing in the country. In this issue we publish an excerpt from the winning work in the 2007 research contest: “Education and labor income in Peru”, by Eduardo Quiróz and José Espinoza. The excerpt, which we have entitled Education and income: methodological aspects and studies in Peru, is devoted to mathematical formalizations and includes a review of the Peruvian bibliography on the impact of education on economic status; the analyses and conclusions of the study do not appear, as they will be the subject of a special publication. The respective contest for the present period has already been announced and we are receiving the projects.
13
artículo
Publicado 2015
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The implementation of internal control in the District Municipality of Independence (DMI) in Ancash does not contribute to achieving its objectives and targets established in the expenses execution for investment projects; during the 2007 - 2011 period, the Entity did not complete the execution of investment projects scheduled in the Opening Institutional Budget (PIA) and the Institutional Operating Budget (POI), al-though it had available budget, generating complaints and discomfort in the population, in some cases in emerging areas. This study has shown that factors such as non-qualified personnel, failure of standards and policies, poor control of their resources- including the attitude of the entity ́s management - affected negati-vely on the implementation of control policies in the expenses execution of investment projects.
14
artículo
Publicado 2016
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International Environmental Law (hereinafter, IEL) is entwined with other areas because environmental disputes are never raised in isolation of other legal fields. However, Foreign Investment Law (hereinafter, FIL) is recognized as one of the most reluctant areas when it comes to applying rules of IEL. As a consequence, it is important to remark the relevance of taking into account rules of IEL in investment disputes. In that sense, the aim of this paper is to highlight a progression in the relationship between FIL and IEL through the reasoning of decisions taken in investment arbitrations specifically dealing with expropriations. Consequently, some relevant investment arbitration awards that dealt with environmental concerns will be analyzed so as to recognize three stages of evolution. A complete lack of integration where the rules of IEL are not taken into account even though the part...
15
artículo
Publicado 2015
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The implementation of internal control in the District Municipality of Independence (DMI) in Ancash does not contribute to achieving its objectives and targets established in the expenses execution for investment projects; during the 2007 - 2011 period, the Entity did not complete the execution of investment projects scheduled in the Opening Institutional Budget (PIA) and the Institutional Operating Budget (POI), al-though it had available budget, generating complaints and discomfort in the population, in some cases in emerging areas. This study has shown that factors such as non-qualified personnel, failure of standards and policies, poor control of their resources- including the attitude of the entity ́s management - affected negati-vely on the implementation of control policies in the expenses execution of investment projects.
16
artículo
Publicado 2024
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Welfare measures and their assessment involve a set of indicators that, as economic thoughtevolves, are subject to critique. Nonetheless, the ultimate debate focuses on the quality of life and the conditions fostered by each economy. Using data from the period 1993 to 2019, this paper presents an analysis of the current account and terms of trade, highlighting the significance of these variables, as they encompass important flows and contribute to shaping market conditions and the resulting benefits. The study employs both Vector Error Correction (VECM) and Structural Vector Error Correction (SVECM) models to explore the interplay between external dynamics and their effects on the economy. The findings reveal that an export price shock has an expansive effect on investment, yet its impact on savings becomes marginally significant over time. Unexpected shocks on investment are roughly 38%...
17
artículo
Publicado 2024
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Welfare measures and their assessment involve a set of indicators that, as economic thought evolves, are subject to critique. Nonetheless, the ultimate debate focuses on the quality of life and the conditions fostered by each economy. Using data from the period 1993 to 2019, this paper presents an analysis of the current account and terms of trade, highlighting the significance of these variables, as they encompass important flows and contribute to shaping market conditions and the resulting benefits. The study employs both Vector Error Correction (VECM) and Structural Vector Error Correction (SVECM) models to explore the interplay between external dynamics and their effects on the economy. The findings reveal that an export price shock has an expansive effect on investment, yet its impact on savings becomes marginally significant over time. Unexpected shocks on investment are roughly 38...
18
artículo
Publicado 2024
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Welfare measures and their assessment involve a set of indicators that, as economic thought evolves, are subject to critique. Nonetheless, the ultimate debate focuses on the quality of life and the conditions fostered by each economy. Using data from the period 1993 to 2019, this paper presents an analysis of the current account and terms of trade, highlighting the significance of these variables, as they encompass important flows and contribute to shaping market conditions and the resulting benefits. The study employs both Vector Error Correction (VECM) and Structural Vector Error Correction (SVECM) models to explore the interplay between external dynamics and their effects on the economy. The findings reveal that an export price shock has an expansive effect on investment, yet its impact on savings becomes marginally significant over time. Unexpected shocks on investment are roughly 38...
19
artículo
Publicado 2020
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In recent years, corruption allegations in investment arbitration have increased considerably. When raised by the States, said allegations are intended to pursue the dismissal of the claims due to lack of jurisdiction of the arbitral tribunals, based on the existence of corruption throughout the investment. Nevertheless, there is no consensus in the criteria used by tribunals, given that the involvement of the State in the corrupt acts may play a significant role in the decision. In this article, the author discusses the main defense arguments used by States when alleging the existence of corruption and presents the various criteria applied by investment tribunals to deal with such allegations. In addition, the author proposes a test that tribunals may apply to decide on the effect these allegations have on the arbitration proceedings.
20
artículo
Publicado 2013
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The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i) International Investment Law is part of Peruvian Legal System; (ii) provisions of these laws are mandatory and should be applied domestically; and (iii) interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.
