The embeddness of foreign investor rights - Nicolás M Perrone
Teaching Room 07
Tue 12 November 2019
About the seminar
The embeddedness of foreign investor rights: invisibilising the local in international investment relations
This seminar will discuss a central argument of my forthcoming book on the rights of foreign investors. Most debates about international investment law have focused on the tension between the public and the private and the international and domestic. I argue, however, that we cannot fully capture the legal, social and political economy implications of this regime without incorporating a third level of analysis. This is the tension between the global and the local. Legal anthropology and socio-legal scholarship highlight that property rights are embedded in social relations. They contribute to constituting individual, community and national identity. The international investment regime complicates this relational character of property by disembedding the rights of foreign investors from the locality and plugging them into global economic dynamics. Foreign investor rights reflect a global vision for the private use of resources, which emerges from business and policy recommendations and arbitral interpretation. The consequences of making states, local communities and individuals adapt to global business expectations should not be understated. If property goes global, it means that states, communities and individuals will suffer a process of transformation whereby the global takes precedence over the local. Foreign investors, then, can act as outsiders with no attachment to the locality. In this seminar, I will illustrate the implications of this process examining selected investment disputes and awards.
About the speaker
Dr Nicolás M Perrone is a Research Associate Professor of International Law at Universidad Andrés Bello, Chile. His main research interests are in international economic law, particularly in international investment law and policy. He has previously taught at Durham University, the Institute for Global Law and Policy (Harvard Law School) and Universidad Externado de Colombia. Nicolás has worked and consulted for the governments of Argentina, Ecuador and Colombia, the OECD, UNCTAD, the International Institute for Sustainable Development and the Friedrich Ebert Stiftung. He has also been a Visiting Professor at the Universidad Nacional de San Martín, the International University College of Turin and the University of Eastern Piedmont. Nicolás is a member of the Editorial Committee of the Yearbook on International Investment Law and Policy (Columbia University - OUP), and his first monograph will be coming out with Oxford University Press next year.
This event is free and open to all. No registration necessary