Abstract

RIVAS-RAMIREZ, Daniel. Foreign Investors' Due Diligence: Bidimensional Concept. Estud. Socio-Juríd [online]. 2022, vol.24, n.1, pp.39-69.  Epub Aug 01, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.10518.

One of the main traits of international investment law is its design to offer greater tools for foreign investors based on its language, structure, and operation. Hence, the relations derived from it are asymmetrical, benefiting investors to a large extent and leaving States with few tools, particularly in the framework of international investment arbitration. However, a concept that has been occasionally used and has served as a tool for the defense of States is the investor's due diligence. Nonetheless, it is a dissimilar and largely indeterminate notion. This article proposes to define the investor's due diligence as a bidimensional concept from which clear and enforceable obligations are derived for investors with respect to themselves, host States, and the individuals affected by their investments based on a theoretical, doctrinal, and jurisprudential study.

Keywords : Foreign investment; investment arbitration; due diligence; Colombia.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )