Abstract

PONTON-SERRA, JUAN P.  and  PRIETO-RIOS, ENRIQUE. International Investment Agreements in Colombia: Compatibilities and Incompatibilities in Thirty Years of Constitutional Control. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.163-190.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.9593.

The globalization and internationalization processes and tendencies influenced the adoption of the Political Constitution of 1991. Under this context, the Colombian state intensified the policy, that still prevails, of signing international investment agreements with other states with the purpose of promoting and attracting foreign investment in the country. Currently, the investor-state arbitration under international investment agreements is going through a moment of reform as a result of profound questionings regarding, among others, its lack of capacity to balance the State's regulatory powers and public policies with the rights and interests of investors. Faced with this panorama, the Colombian Constitutional Court seems to have claimed in recent decisions its duty to safeguard the integrity and supremacy of the Constitution, regarding international investment agreements. This article analyzes the main characteristics of the constitutionality control carried out by the Constitutional Court of the international investment agreements signed by Colombia since the nineties and the recent departure from its jurisprudence in relation to its scope.

Keywords : Constitutional Court; constitutionality control; Political Constitution of Colombia; international investment agreements; international investment law.

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