Here to stay

The rise of nationalism first cast doubt on the future of investment treaties and investor-state dispute settlements in Latin America more than a decade ago. But despite international trade agreements now appearing to fall out of favour in the US, such pacts and the investment arbitration they endorse look set to stand the test of time in Latin America.

Here to stay Juan Manuel Marchán-Maldonado, Ignacio Torterola, Marike Paulsson, Patrick Pearsall, Mark Kantor and Jonathan Hamilton

When the nationalist governments of Evo Morales, Rafael Correa and Hugo Chávez opted to no longer resolve clashes with foreign investors through the International Centre for Settlement of Investment Disputes (ICSID), observers feared the worst for the future of dispute resolution between states and corporates. Going hand-in-hand with the movement toward open markets and changing macroeconomic policies ushered in by the end of the Cold War in the 1990s, the broader historical moment represented by investment arbitration was one where states looked outward, not inward, and facilitated and supported cross-border investment.



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