RT info:eu-repo/semantics/doctoralThesis
T1 La inversión extranjera en América Latina y la solución de controversias en los procesos de nacionalización y expropiación
A1 Enriquez Perales, Sarela
A2 Universidad de Valladolid. Escuela de Doctorado
K1 Inversiones extranjeras
K1 Foreign investment
K1 Inversión extranjera
K1 Nationalization and expropriat
K1 Nacionalización y expropiación
K1 Latin America
K1 America Latina
K1 5603 Derecho Internacional
AB Considering the relevance that foreign investments have for companies, governments, and society in general, their socioeconomic consequences, and the legal issues that often arise, the objective of this Doctoral Thesis is to investigate the problems derived from the expropriatory and nationalizing processes undertaken in Latin America in recent years. Specifically, it is about determining whether the States receiving foreign investment offer legal security to said investments and, in the event of expropriation or nationalization, whether the mechanisms for resolving possible disputes are efficient. This general objective is deployed in the following specific objectives. Firstly, analyze the characteristics of foreign investment in Latin America, which will allow us to better understand its specific behavioral dynamics. Secondly, study the expropriation and nationalization processes in Latin America in recent years. Third, address the effectiveness of the mechanisms that currently exist to protect foreign investment in Latin America and examine their effectiveness in nationalization and expropriation processes.The work confirms foreign investment as a driver of economic, political, and social development in the countries of Latin America. However, certain trends are suspicious of these processes, which is reflected in the increase in cases registered with the ICSID in certain countries. Secondly, the evidence collected during the analysis of expropriation processes in LA suggests that States receiving foreign investment in the region face significant challenges in terms of legal certainty for foreign investors. The lack of a comprehensive multilateral legal framework, together with unethical business practices and the proliferation of expropriation and nationalization processes, contribute to generating insecurity and risks for foreign investments in the region. Thirdly, the case studies analyzed reveal the importance of taking into account not only economic factors but also political and social factors when addressing possible controversies that arise between multinational companies and LA countries.
YR 2024
FD 2024
LK https://uvadoc.uva.es/handle/10324/69497
UL https://uvadoc.uva.es/handle/10324/69497
LA spa
NO Escuela de Doctorado
DS UVaDOC
RD 22-nov-2024