Foreign investment law

Nicolás M. Perrone

Chapter 35 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 410-422 from Edward Elgar Publishing

Abstract: The chapter explores the Global South's efforts to influence international investment law, and how these initiatives were often countered by Global North states and investors. While investment law scholarship discusses the Global North's positions in detail, it often overlooks whether these positions were shaped in response to the Global South. Historically, Latin America, and later Asia and Africa, criticized and proposed different regimes for foreign investment. However, since the 1990s, the Global South has largely lost its ability to influence investment law. This collective failed not only to challenge investors’ investment law but also to imagine alternatives. The result is a narrow agenda concerned only with investment protection, neglecting whether and how foreign investment may contribute to sustainable development. In conclusion, the pressing question for TWAIL is one of practice rather than theory: how can the Global South regain its role in shaping investment law for a fairer international community?

Keywords: International investment law; Foreign investment; TWAIL; Law and development; Global South (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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