Foreign Investors and the Colombian Peace Process

Enrique Alberto Prieto Rios, Andrei Gomez-Suarez, Nicolas M Perrone

Resultado de la investigación: Contribución a RevistaArtículo

2 Citas (Scopus)

Resumen

The International Investment Regime (IIR) materialises in international arbitral tribunals that protect the rights of foreign investors. Could these tribunals hamper the implementation of exceptional measures agreed to end armed conflicts? The principle of proportionality, usually employed to balance competing demands such as the interests of international investors and the right of states to self-determination, could fall short when it comes to the concept of a nation and a society’s right to peace. Focusing on the Colombian peace process, this article argues that the agreement on land redistribution, a cornerstone of the peace agreements, benefits the whole society, including foreign investors. However, the colonialist nature of the IIR could lead foreign investors, who see their investments and expected profits affected, to demand compensation for governmental land acquisition. The Colombian case suggests powerful lessons for the willingness of transitional states to defend their people’s right to peace in international tribunals.
Idioma originalEnglish (US)
Páginas (desde-hasta)223 - 247
Número de páginas12
PublicaciónInternational Community Law Review
Volumen18
N.º3-4
EstadoPublished - 2016

Huella dactilar

peace process
investor
peace
proportionality
self-determination
redistribution
profit
demand
Society

Citar esto

Prieto Rios, E. A., Gomez-Suarez, A., & Perrone, N. M. (2016). Foreign Investors and the Colombian Peace Process. International Community Law Review, 18(3-4), 223 - 247.
Prieto Rios, Enrique Alberto ; Gomez-Suarez, Andrei ; Perrone, Nicolas M. / Foreign Investors and the Colombian Peace Process. En: International Community Law Review. 2016 ; Vol. 18, N.º 3-4. pp. 223 - 247.
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abstract = "The International Investment Regime (IIR) materialises in international arbitral tribunals that protect the rights of foreign investors. Could these tribunals hamper the implementation of exceptional measures agreed to end armed conflicts? The principle of proportionality, usually employed to balance competing demands such as the interests of international investors and the right of states to self-determination, could fall short when it comes to the concept of a nation and a society’s right to peace. Focusing on the Colombian peace process, this article argues that the agreement on land redistribution, a cornerstone of the peace agreements, benefits the whole society, including foreign investors. However, the colonialist nature of the IIR could lead foreign investors, who see their investments and expected profits affected, to demand compensation for governmental land acquisition. The Colombian case suggests powerful lessons for the willingness of transitional states to defend their people’s right to peace in international tribunals.",
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Prieto Rios, EA, Gomez-Suarez, A & Perrone, NM 2016, 'Foreign Investors and the Colombian Peace Process', International Community Law Review, vol. 18, n.º 3-4, pp. 223 - 247.

Foreign Investors and the Colombian Peace Process. / Prieto Rios, Enrique Alberto; Gomez-Suarez, Andrei; Perrone, Nicolas M.

En: International Community Law Review, Vol. 18, N.º 3-4, 2016, p. 223 - 247.

Resultado de la investigación: Contribución a RevistaArtículo

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AU - Gomez-Suarez, Andrei

AU - Perrone, Nicolas M

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