Abstract

SUAREZ RODRIGUEZ, TAHIMI. The indirect expropriation in the Colombian Model of bilateral Investment Treaty and its impact in Latin American BITS: an overview from Cuba. Rev. Derecho [online]. 2023, n.60, pp.29-53.  Epub Feb 13, 2024. ISSN 0121-8697.  https://doi.org/10.14482/dere.60.986.124.

The central goal of this article is to examine the pronouncement about indirect expropriation of the current Colombian Investment Agreement Model and its impact on signed Latin-Americans International Investment Agreements (IIA's). The method used has consisted of the study of the indirect expropriation of the Colombian Model of 2017 and its comparison with that established in the previous Models of 2008 and 2011 by this country, with the purpose to identify the admission or exclusion in the IIA's of Colombia and other nations of area. The main result has been the verification of the shortcomings and dysfunctionalities of provisions of the indirect expropriation in the studied IIA's due to the distance from the previous and current Colombian Investment Agreement Models, probable razon of claims against States of the region, and demonstration the need to choose to Colombia as referent for Latin American region by the provisioning about indirect expropriation that its Model endorses.

Keywords : Indirect Expropriation; Colombian Model IIA.

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