5 Dispute Settlement Clauses in International Investment Treaties and Free Trade Agreements Concluded by Latin American Countries/Cláusulas de solución de controversias en los tratados internacionales de inversión y acuerdos de libre comercio celebrados por los países de América Latina

2020 ◽  
Vol 69 (8) ◽  
pp. 803-822
Author(s):  
Juan I Correa ◽  
Carlos M Correa

Abstract This study shows that the main beneficiaries of the Patent Cooperation Treaty (PCT) in three Latin American countries, which adhered to it as a result of the obligations provided for in free trade agreements, have been non-residents rather than local companies and individual inventors. This rebuts the frequently made argument that acceding to the PCT would generate incentives for local innovation and benefit local inventors by boosting their capacity to protect their developments in third countries. In the three countries considered in this study, the number of patents granted increased after accession to the treaty. This points to the risk of an erosion of the countries’ flexibilities in designing and implementing patent policies, as allowed by the TRIPS Agreement, with respect to the standards applied to assess eligibility for patent protection.


2008 ◽  
pp. 7-24
Author(s):  
Ricardo Ernesto Buitrago R.

This paper aims to review the causes of international migration and the potential impact of FTAs (Free TradeAgreements) on latin american migrations. The first part describes the economic and non-economic causes for migration. The second one shows the potential impact of FTAs in the economy (job creation/destruction by sectors) in CAFTA countries and Colombia.The last part shows that there is little correlation between the commercial openness (FTAs) and the reduction of poverty. Poverty seems to be increasing in the studied countries –even more in those with the most open commercial regimens, than in those with the most closed ones. Data proves that openness doesn’t reduce the poverty automatically; on the contrary, in some (regional or subregional) cases it increases and causes a major determinant of international migration in latin american countries.


2018 ◽  
Vol 32 (2) ◽  
pp. 73-90 ◽  
Author(s):  
Dani Rodrik

Economists have a tendency to associate “free trade agreements” all too closely with “free trade.” They may be unaware of some of the new (and often problematic) beyond-the-boarder features of current trade agreements. As trade agreements have evolved and gone beyond import tariffs and quotas into regulatory rules and harmonization— intellectual property, health and safety rules, labor standards, investment measures, investor–state dispute settlement procedures, and others—they have become harder to fit into received economic theory. It is possible that rather than neutralizing the protectionists, trade agreements may empower a different set of rent-seeking interests and politically well-connected firms—international banks, pharmaceutical companies, and multinational firms. Trade agreements could still result in freer, mutually beneficial trade, through exchange of market access. They could result in the global upgrading of regulations and standards, for labor, say, or the environment. But they could also produce purely redistributive outcomes under the guise of “freer trade.” As trade agreements become less about tariffs and nontariff barriers at the border and more about domestic rules and regulations, economists might do well to worry more about the latter possibility.


2019 ◽  
Vol 32 (4) ◽  
pp. 781-800 ◽  
Author(s):  
Joanna Lam ◽  
Güneş Ünüvar

AbstractThis article scrutinizes the investment chapters in the new EU Free Trade Agreements from a transparency perspective. The article examines the claims that the dispute settlement mechanisms in the new treaties are sufficiently participatory and more transparent than their predecessors. Procedural standards related to confidentiality of proceedings shall be analysed in the context of existing transparency safeguards in investment arbitration. In addition to procedural guarantees of transparency, the article examines relevant substantive rules affecting participatory aspects of dispute settlement. Furthermore, the article discusses forum-shopping strategies of the parties in the field of investment-related disputes, including internal forum-shopping and parallel proceedings using different procedural mechanisms. In this context, lessons from other fields such as international commercial arbitration related to transparency (in cases in which public interest is present) are highlighted. The proposal for the establishment of an integrated, multilateral court for investment cases is also invoked.


Author(s):  
Echandi Roberto

This chapter argues that investment disputes, particularly those that have arisen in the context of the implementation of NAFTA, have influenced the refinement of the provisions of new generation international investment agreements (IIAs) as well as the inclusion of a series of procedural and substantive innovations. It addresses the main distinction between BITs and investment chapters in preferential trade agreements (PTAs), focusing on the evolution of their respective rationales. It looks at the main features of the new generation of IIAs and explains how such features respond to challenges derived from the interpretation of substantive and procedural provisions included in previous agreements. The discussion is organized under two themes: (i) moving from the original exclusive focus on investment protection towards also promoting liberalization of investment flows; and (ii) the impact of investor-state dispute settlement on investment rule-making.


2020 ◽  
Vol 23 (1) ◽  
pp. 3-76
Author(s):  
Rafael Leal-Arcas ◽  
Marek Anderle ◽  
Filipa da Silva Santos ◽  
Luuk Uilenbroek ◽  
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2016 ◽  
Vol 18 (1) ◽  
pp. 20-71
Author(s):  
James Day

This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies. It uses the recent and ongoing TTIP and TTP negotiations as principal case studies. Ultimately, it concludes that, while both subjects inherit strong foundations for the participation of its people and their processes are not as dismissive as is perhaps publicly perceived, both have a way to go in being truly participatory.


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