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2 - Situating the Engagements with the Investment Treaty Regime in Argentina, the Czech Republic, India, and Mexico

Josef Ostřanský
Affiliation:
International Institute for Sustainable Development
Facundo Pérez Aznar
Affiliation:
Geneva Center for International Dispute Settlement
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Summary

This chapter centres on the economic and political climate of the period in which the selected countries concluded their first investment treaties. This period coincides with the end of the 1980s and early 1990s, when, as a result of the end of the Cold War, states across the globe adopted trade and investment liberalisation policies, increased property protections, and promoted liberal legal internationalism. It does so through four country snapshots. It then discusses the political debate regarding IIAs at the highest political level – in national parliaments – and in the media. When it comes to the debates in national parliaments, four themes emerged: (1) general lack of substantive parliamentary engagement; (2) belief that foreign investment was sufficiently protected under national laws; (3) substantive engagement on issues related to free transfers; and (4) more pronounced discussion when the investment connected with trade liberalisation, such was the case of Mexico. Regarding the media debate, the period of the conclusion of the first international investment agreements (IIAs) shows an almost total absence of reporting and media engagement.

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National Governance and Investment Treaties
Between Constraint and Empowerment
, pp. 42 - 72
Publisher: Cambridge University Press
Print publication year: 2023

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