Homa Publica (Dec 2020)
Inversiones internacionales, conflicto inversionista-estado y la conexión con el desarrollo sostenible: un enfoque de jurisprudencia
Abstract
This article seeks to understand the tension between the interests of investors and the measures adopted by States to fulfill the sustainable development goals. In this sense, international investors adopt stabilization clauses in order to freeze the states regulatory power. Approaches based on thepolice power doctrine and the Statescommitments with international law rules stand out as a wayof limiting the negative effects of stabilization clauses, guaranteeing states'commitment to social development and environmental. We seek to identify how courts and arbitration institutions tend to decide when what is at stake is a dispute between the interests of investors and states actions based on the public interest and the commitment to sustainable development
