Introduction

Abstract

International law, and in particular international investment law, has been shaped by the struggles of resistance between the diversity of material realities and worldviews within and beyond regions. Rather than a threat to the universality of international investment law, the diverse – sometimes clashing – approaches to, and interpretations of, international investment law, both from states and non-state actors, as well as scholars, has greatly contributed to the development of the field. In this regard, the Latin America and the Caribbean region has been a complex laboratory for the development of international investment law. On the one hand, some actors, such as non-governmental organizations, indigenous peoples, local communities, and of course governments, have remained true to the region’s tradition of resistance towards the international investment law regime that derives from investment treaties that follow the models that originate in the Europe-North America region. On the other hand, new actors such as corporations, international investment lawyers, and again governments, sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines – which, notably, come embedded in different, often clashing narratives – has emerged. This mosaic of clashing actors and narratives – too complex to be fully apprehended in this introduction and, alas, in this volume – has been resisting and accommodating the international investment law regime, as defined above, and has been Latin America’s major contribution to international investment law. In this introduction, we offer some initial thoughts about this mosaic, and about the forces of resistance and accommodation that emerge in it, to frame a debate that fourteen chapters will carry out.