María José Luque Macías - Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

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The development of the duty to regulate paradigm in the present study is an attempt to revisit the long-standing critical stand of Latin American countries towards international legal instruments protecting foreign investment and steer it towards the contentious issues which, from a human rights law perspective, should be addressed.

By using Latin America as a case example, this monograph invites international investment law (IIL) scholars to integrate international human rights law (IHRL) in their analysis. These legal standards not only indisputably apply to states in the investment context, but also normatively inform foreign investors responsbilities throughout the undertaking of their economic activities in these countries. Concerning human rights scholars, this work provides a normative tool to frame the issues of contention regarding the IIL regimes operation and to articulate their views in a way that IIL is familiar with while consistent with IHRL.

This monograph, which was originally submitted with the title International Investment Protection and the Duty of Latin American Host States to Regulate Private Foreign Investment in Furtherance of Human Rights, was the result of many years of research at the Law Faculty of the FAU Erlangen-Nrnberg.

This book owes much to the many persons and institutions that inspired and supported me throughout this path. I am most grateful to my doctoral supervisor, Professor Dr. Markus Krajewski, for his support and guidance during the years of this doctoral project. I also thank my second examiner, Professor Dr. Laura Clerico, for her comments and constant critical exchange. This project would have never been possible without the financial support of the doctoral scholarship provided by the German Academic Exchange Service (DAAD) and the grant of the STIBET-DAAD Program for supporting foreign doctoral candidates, provided by the FAU Erlangen-Nrnberg.

In addition, I want to thank all my friends and colleagues in Erlangen for their immense support. My gratitude also goes to Mxolisi and Martin for the proof-readings and to Diego and Darwin, for assisting me in resolving all the technicalities that were required to publish this monograph.

I dedicate this book to my parents, Nelly and Isidro.