International Investment Law and the Protection of Foreign Investment in Brazil

Transnational Dispute Management 2, 2016, Special Issue on Latin America vol. 1 (eds Ignacio Torterola and Quinn Smith)

20 Pages Posted: 2 Jun 2016 Last revised: 10 Apr 2020

See all articles by Catharine Titi

Catharine Titi

CNRS; University Paris II Panthéon-Assas

Date Written: 2016

Abstract

Notorious for its non-participation in the international system of investment protections, Brazil is one of the most popular destinations for foreign direct investment (FDI) around the world. But unlike most countries, including its neighbours in Latin America, Brazil is neither party to any bilateral investment treaties (BITs) presently in force nor has it ever ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). And yet, the South American country may be on the verge of setting down an alternative and previously unforeseen track with the conclusion of the first cooperation and investment facilitation agreements (CFIAs). At this turning point in Brazil’s investment treatymaking, this article explores the protection of foreign investment in Brazil in the absence of the traditional network of international investment agreements and the state’s progressively changing approach to international investment law through the creation of a strong alternative negotiating model.

Keywords: Brazil, cooperation and facilitation investment agreement (CFIA), investment law, investor-State dispute settlement (ISDS), model treaty, international investment agreements (IIA), bilateral investment treaties (BITs)

JEL Classification: F02, F13, F21, F53, K41, K39, K40, K10, K33, K49, K12, K19, K20, K29, H70, E22, H87, F50, F52

Suggested Citation

Titi, Catharine, International Investment Law and the Protection of Foreign Investment in Brazil (2016). Transnational Dispute Management 2, 2016, Special Issue on Latin America vol. 1 (eds Ignacio Torterola and Quinn Smith), Available at SSRN: https://ssrn.com/abstract=2786967

University Paris II Panthéon-Assas ( email )

CERSA, 12 place du Panthéon
Paris, 75005
France

HOME PAGE: http://cersa.cnrs.fr/titi-catharine/

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