South America facing bilateral investment treaties: towards a return of the State in dispute settlement?

In their external relations, States require a regulatory framework intended to preserve their sovereignty, the legal attribute of which independent States are granted and recognized each other and to the exclusion of any other organization. Therefore, it emerges the necessity of a coordination juridical system as International Public Law. However, the regulation of certain subjects has generated changes putting into question some traditional postulates related to the system. That is the case of investor - State dispute settlement, mainly based on bilateral investment treaties (BITs) and on the Convention on the settlement of investment disputes between States and nationals of other States, signed in Washington in 1965 (CW) that creates the International Center for Settlement of Investment Disputes (ICSID)....

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