Indirect expropriation in the Models of Bilateral Investment Treaties in Latin America in the 21st century: Advance or setback?

Abstract

This paper analyzes the pronouncement on indirect
expropriation in the original investment models of the
Latin American region up to the present. However, these
elaborations have not always reflected an appropriate
formulation and over time they have been perfected
until today in which, as of the new century more
advanced Models are verified worldwide in which
the definition of indirect expropriation included, the
assumptions for its configuration and other elements.
In this sense, the method used has consisted in the
study of the Expropriation clause of the models and
their comparison with the one established in the most
advanced in the area and the world, verifying that the
Latin American region with the presence of Models
since 1980s doesn’t represent a particular reference,
except for Colombia and Brazil which from each of their
perspectives in the 21st Century join the most innovative
Models in the internationally in this issue. Such situation
shows the need to develop and have Latin American
Models adjusted to the realities and experiences of
the countries about indirect expropriation, which
from their own, authentic approach and protection
of their interests create a base document before the
negotiations of the Investment Agreements of Latin
America with diverse counterparties.