Green Latin America? Some Reflections on Environmental Issues in Latin America’s New Instruments of Investment Protection

In: The Journal of World Investment & Trade
Arnaud de Nanteuil University of Le Mans France

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Latin American countries have adopted in the past few years new mechanisms and rules for investment facilitation and protection. They aim to offer protection to foreign investments without ignoring the need to protect the States’ ability to regulate for the promotion of the public good. This article explores the question of environmental protection and tries to determine whether it has been taken into account. Even if not visible at first sight, the protection of the environment is indeed present in those new investment protection instruments. This article posits that, by starting from a completely different point of view than that of traditional investment protection instruments, Latin American countries’ initiatives introduce the environment as a parameter to be taken into account in the relationship between States and investors. Even if it is too early to assess their true effectiveness, one can at least be hopeful from that perspective.

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