Arbitration and Regional Integration in Latin America
ARBITRATION AND REGIONAL INTEGRATION IN LATIN AMERICA Professors Víctor Ferreres & Andrés Jana Linetzky Arbitration is of increasing importance in Latin America. More and more states in the region have changed their laws to make them friendly to arbitration. What accounts for these developments? How is arbitration different in Latin America than in other parts of the world? How should lawyers trained in the common law system work with Latin American lawyers from the civil law tradition? Investment arbitration is especially salient in the region. Many disputes between foreign investors and Latin American governments are settled by arbitral institutions, such as ICSID. There is controversy, however, about the legitimacy of the existing arrangements. Do they reflect the dominant interests of capital-exporting nations? What strategies have the various Latin American countries followed to pursue their interests? Does the national Constitution require that certain public interests be preserved in the arbitral process? Latin America is also undergoing an interesting process of regional integration. Both the need to protect human rights and the need to establish common markets have triggered supranational developments. Such developments are similar to those that Europe has experienced in the last decades, but they also differ in various respects. What accounts for the differences? Arbitration is one of the mechanisms to resolve disputes that have been set up within the framework of regional organizations in Latin America, such as MERCOSUR. What are the pros and cons of arbitration in this context? Is arbitration merely the first step towards a more judicialized legal system? There will be a final exam. Students who prefer to write a paper may do so, instead of taking the exam. Note: This course will be taught by Professor Ferreres, for the first half of the spring semester. Professor Andrés Jana will co-teach the course during two weeks within that period of time.
|Monday, Wednesday, Friday||11:50 am - 12:57 pm||JON 6.203|
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Linetzky, Andres J.