Systems of Legal Defence Used by Latin American Countries in Investment Disputes

2016 ◽  
Vol 17 (4) ◽  
pp. 562-593 ◽  
Author(s):  
Rodrigo Polanco Lazo
Keyword(s):  
Costa Rica ◽  
Dispute Resolution ◽  
Latin American ◽  
Alternative Dispute Resolution ◽  
Large Majority ◽  
Investment Arbitration ◽  
Preventive Approach ◽  
Mixed Approach ◽  
Latin American Countries

This article describes the main features of the systems of legal defence that Latin American countries have been using when facing investment arbitration. It focuses on Argentina, Venezuela, Ecuador, Mexico, Peru, Bolivia, and Costa Rica, as a group of countries representative of the region and examines their strategies of internalisation or externalisation of the State’s legal defence and briefly addresses whether a policy to prevent investment disputes is in place. The article concludes that there is no uniform strategy of Latin American countries for the legal defence of investment disputes, but the large majority of States follow a mixed approach employing in-house lawyers and external counsel. With respect to the prevention of investment disputes, only some countries in the region have considered a preventive approach, or foster the use of alternative dispute resolution (ADR).

The International Rule of Law in Latin American Investment Arbitration: UNASUR’s Advances in Arbitrator Appointment and Disqualification

2016 ◽  
Vol 17 (4) ◽  
pp. 681-699 ◽  
Author(s):  
José Manuel Álvarez Zárate ◽  
Rebecca Pendleton
Keyword(s):  
Dispute Resolution ◽  
Latin American ◽  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
South American ◽  
Investment Arbitration ◽  
The Creation ◽  
Democratic Principles ◽  
Dispute Resolution Mechanism ◽  
International Rule

In 2008, Ecuador raised the need for the creation of an alternative dispute resolution mechanism within the Union of South American Nations (UNASUR). Any system of investment arbitration should comply with democratic principles and the international rule of law which provide predictability, transparency and legitimacy for arbitral decisions and thus should avoid political and economic bias. This article shows Latin America’s historical inclination towards arbitration and focuses on the 2014 UNASUR Project’s proposed method of appointment and disqualification of arbitrators, and its approach to the execution of awards. By way of comparison with International Centre for Settlement of Investment Disputes (ICSID) tribunals, the article goes on to suggest how an application of the international rule of law could help guide and structure arbitrators’ behaviours in the proposed UNASUR Project as well as under the current ICSID framework to avoid arbitrators’ deviation from the law and prevent their creative, independent interpretations.

scholarly journals Institutional Reform and Rights Revolutions in Latin America: The Cases of Costa Rica and Colombia

2009 ◽  
Vol 1 (2) ◽  
pp. 59-85 ◽  
Author(s):  
Bruce M. Wilson
Keyword(s):  
Latin America ◽  
Costa Rica ◽  
System Design ◽  
Latin American ◽  
Institutional Reform ◽  
Judicial System ◽  
Operating Rules ◽  
High Courts ◽  
The World ◽  
Latin American Countries

This article analyzes the conditions that allowed for expansive rights revolutions in Costa Rica and Colombia. My research suggests that many of the preconditions for rights revolutions in other regions of the world are also central to understanding Latin American cases. Of particular relevance is judicial system design including the high courts’ operating rules concerning access, standing, and judicial formality. These factors can and do mitigate the need for extensive resources and support structures necessary in other non-Latin American countries in which rights revolutions have occurred.

BRCA 1/2 mutations in high-grade serous ovarian cancer (HGS-OC) patients of three Latin American countries: Report of 412 cases.

2019 ◽  
Vol 37 (15_suppl) ◽  
pp. e14288-e14288
Author(s):  
Juan Molina ◽  
Omar Orlando Castillo Fernandez ◽  
Maria Lim ◽  
Luis Mas ◽  
Ignacio Fernando Veliz ◽  
...  
Keyword(s):  
Ovarian Cancer ◽  
Costa Rica ◽  
Latin American ◽  
Positive Family History ◽  
Germline Mutations ◽  
High Grade ◽  
Serous Ovarian Cancer ◽  
Brca 1 ◽  
Brca 2 ◽  
Latin American Countries

e14288 Background: Ovarian Cancer (OC) is the most common gynecologic cancer in women in the World and with elevated mortality. High Grade Serous Ovarian Cancer (HGS-OC) is a common histotype and closely related with the presence of BCRA abnormalities. This is to our knowledge the first report of a large series of patients with HGS-OC evaluated in Latin-American countries. The study aim was to present the data obtained from Perú, Costa Rica and Panamá from January 2016 to December 2018. Methods: A cross-sectional evaluation was performed in patients diagnosed between 2016 and 2018 with HGS-OC in three countries in Latin America. The patients were selected from Cancer National Reference Centers in Perú, Panamá and Costa Rica. Germline BRCA 1 / 2 mutations were evaluated through Next Generation Sequencing (NGS) in blood samples. Results: During the period 412 HGS-OC were studied. The mean age at diagnosis was 56.55(SD:12.21) years for all the evaluated patients and 55.42(SD:8.60) years in the mutated cases. Pathogenic HGS-OC mutations in germline BRCA 1 / 2 were diagnosed in 72 cases. Germline BRCA 2 mutations were the most frequent abnormality detected in Panama and in Costa Rica with 70.0 %(7/10) and 77.8%(14/18), respectively. However in Perú, germline mutations in BRCA 1 represents the majority of the mutations with 79.3%(35/44). Variants of uncertain significance (VUS) were detected in 3.64 %(15/412). Positive family history for breast or ovarian cancer were detected in 13.8% of patients with pathogenic mutations(10/72). Specific mutation distribution evidenced in Perú that 6 of 44(13.6%) mutated patients had the mutation in BRCA 1 c.2105dupT; 6 patients of 18(33.3%) had the mutation in BRCA 2 c.5303_5304delTT in Costa Rica and 2 cases had the mutation in BRCA1 c.5186C > A in Panama. The rest of mutations were less common. Conclusions: The frequency of Germline mutations BRCA 1 and BRCA 2 in patients with HSG-OC is similar to the reported in developed nations. However, the different mutation profile between the studied countries could be explained by the Latin-American genetic diversity. Most of the mutations we report were not described in previous studies evaluating breast cancer susceptibility.

scholarly journals A Proposal of a Combined Convergence Regulatory Strategy Applied to Post-approval Changes by Latin American Countries, Reducing Workload and Allowing Continuous Improvement to Guarantee the Quality, Safety, and Efficacy of Medicines

2021 ◽  
Vol 8 ◽  
Author(s):  
Heraclio Rodriguez ◽  
Maria Lucia De Lucia
Keyword(s):  
Costa Rica ◽  
Latin American ◽  
Negative Impact ◽  
World Health ◽  
Regulatory Agencies ◽  
Regulatory Pathways ◽  
Regulatory Processes ◽  
Local Decision ◽  
Health Organization ◽  
Latin American Countries

In recent years, post-approval changes (PACs) for medicinal products have increased faster than the national regulatory agencies can attend to without causing any negative impact. This study presents a proposal for regulatory management based on our analysis of the data available from the national regulatory agencies of Latin America on the total post-approval changes evaluated, and the time spent in the process. A retrospective search on the official websites of competent national regulatory authorities (NRAs) of 14 Latin American countries (México, Guatemala, Nicaragua, Honduras, El Salvador, Panamá, Costa Rica, Venezuela, Colombia, Ecuador, Peru, Argentina, Chile and Brazil) was conducted to collect data on post-approval changes in the last 4–6 years, up to January 2021. The NRAs considered were Brazil, México, Colombia, and Costa Rica. Our analysis was focused on the post-approval changes that required approval before implementation, those that were submitted, and those that were submitted and approved for small molecules, biologics, and biotechnological products. The results indicated differences in the regulatory processes and procedures applied by the different agencies. We also found that the implementation of the PACs was directly impacted by limited resources, which puts the medication supply for chronic treatments at risk resulting in serious consequences for patients. For local decision-making, Latin American NRAs should implement regulatory pathways already made by regulatory agencies included in the World Health Organization Listed Authorities on PAC approval to optimize their resources and to ensure the continuity of medicine supply for their patients.

scholarly journals ODREĐIVANJE VISINE NAKNADE ŠTETE U MEĐUNARODNOJ INVESTICIJSKOJ ARBITRAŽI S OBZIROM NA UTVRĐENU POVREDU I METODU IZRAČUNA

2021 ◽  
Vol 37 (2) ◽  
pp. 105-136
Author(s):  
Jadranka Osrečak
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Case Law ◽  
International Investment ◽  
Legal Issues ◽  
Investment Arbitration ◽  
Inclusive Approach ◽  
Arbitration Proceeding ◽  
Dispute Resolution Mechanism

International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite dispute resolution for investors. It consist of three parts, all of which can be resolved separately. These are jurisdiction, merits and damages. Consequently, it is possible for a tribunal to render one, two or even three arbitral awards, depending on the tribunal decision to bifurcate/trifurcate the proceedings or not. This shows the complexity of each of the stages of the arbitration proceeding. The paper deals with the issue of reparation, specifically compensation for damage caused as the main form of reparation for damage. It gives an overview of the legal issues affecting the amount of awarded damages, the main methods for calculating damages, as well as the applicable case-law and statistics in relation to the legal issues and calculating methods. The paper argues that only a proactive and inclusive approach in respect to determining damages including a detailed fact analysis for legal qualification of the dispute and determination of the best damages assessment methods, can give satisfactory results.

Community-based tourism in a degrowth perspective.

2021 ◽  
pp. 42-63
Author(s):  
Ernest Cañada
Keyword(s):  
Costa Rica ◽  
El Salvador ◽  
Central America ◽  
Latin American ◽  
Large Body ◽  
Past Research ◽  
Community Based ◽  
Commercial Success ◽  
Depth Interviews ◽  
Latin American Countries

Abstract This chapter highlights that despite the large body of existing literature on community-based tourism there is a lack of research adopting a degrowth perspective, as well as those conditions in which degrowth can happen in the case of community-based tourism. Based on the negligence of past research, the chapter explores the potentialities and limitations of community-based tourism experiences in Central America from the perspective of a socioecological transition. The chapter analyses three community-based tourism initiatives in three Latin American countries: Cooperativa Los Pinos (El Salvador), Ecoposada El Tisey (Nicaragua) and Stribrawpa (Costa Rica), and highlights both their commercial success and their potential to show possible emancipatory paths. In doing so, in-depth interviews were conducted with the members of the three initiatives, and systematization of their main characteristics and results, as well as the identification of the adopted strategies, were reviewed in order to be considered as examples for a debate on how tourism can be rethought in a degrowth perspective.

Contraceptive sterilization in four Latin American countries

1982 ◽  
Vol 14 (2) ◽  
pp. 189-201 ◽  
Author(s):  
James McCarthy
Keyword(s):  
Costa Rica ◽  
Dominican Republic ◽  
Latin American ◽  
Demographic Characteristics ◽  
Contraceptive Methods ◽  
The World ◽  
Latin American Countries

SummaryThe use of sterilization as a method of contraception is increasing rapidly throughout the world. This paper reports on sterilization rates for women in Colombia, Costa Rica, the Dominican Republic and Panama in relation to demographic characteristics. Comparisons are made with non-sterilized women using other efficient contraceptive methods.The sterilization rates range from 0·161 in Colombia to 0·552 in Panama; births averted are calculated as one-quarter in Colombia, one-half in Costa Rica and one in the Dominican Republic and Panama.

scholarly journals Overcoming the Limits of Legal Opportunity Structures: LGBT Rights’ Divergent Paths in Costa Rica and Colombia

2019 ◽  
Vol 61 (2) ◽  
pp. 138-163 ◽  
Author(s):  
Bruce M. Wilson ◽  
Camila Gianella-Malca
Keyword(s):  
Costa Rica ◽  
Latin American ◽  
Judicial Politics ◽  
Comparative Case Study ◽  
Same Sex ◽  
Lgbt Rights ◽  
Opportunity Structures ◽  
The Right ◽  
Latin American Countries

ABSTRACTCosta Rica and Colombia, two of the earliest Latin American countries to protect many LGBT rights, attempted to amplify those rights and litigate same-sex marriage (SSM) in mid-2000s; however, these attempts sparked a major anti-LGBT backlash by religious and conservative organizations. Yet a decade later, Colombia legalized SSM while Costa Rica still lacks the right to SSM. Using a most-similar systems comparative case study, this study engages the judicial politics literature to explain this divergent outcome. It details how courts, while staying receptive to many individual LGBT rights claims, deferred SSM legalization to popularly elected branches. In spite of the lack of legislative success in both countries, in Colombia a new litigation strategy harnessed that deference to craft a litigated route to legalized SSM. In Costa Rica, the courts’ lack of conditions or deadlines has left SSM foundering in the congress.

Sign in / Sign up

Export Citation Format

Share Document