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BIT by BIT: Building a Foreign Investment Regime for the Americas
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BIT by BIT: Building a Foreign Investment Regime for the Americas
Paul Alexander Haslam
Post-Doctoral Fellow, Centre d’études interaméricaines
Université Laval, Canada
Paul.## email not listed ##
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paul.## email not listed ##
This paper examines the consequences of the breakdown of talks on the Free Trade Area of the Americas(FTAA) and the generalized shift from multilateralism to bilateralism in the Americas for the region’semerging foreign investment regime. The paper argues that multilateral processes have historicallybenefited Latin American countries when their interests have diverged from those of the US. In terms ofinvestment, the foreign investment regime advanced by the United States (in bilateral investment treaties)differs significantly from that advanced by sub-regional powers such as Argentina, Brazil and Mexico,particularly regarding investment rules on national treatment and performance requirements. This suggeststhat, in the absence of multilateral negotiations, US norms on investment and development willprogressively define the emerging hemispheric investment regime.
Keywords: bilateral investment treaties, United States, Latin America, investment policy, economicdevelopment, multilateralism
[Draft paper, please do not cite or quote without author’s permission]
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BIT by BIT: Building a Foreign Investment Regime for the Americas
Paul Alexander Haslam
Post-Doctoral Fellow, Centre d’études interaméricaines
Université Laval, Canada
Paul.## email not listed ##
;
paul.## email not listed ##
This paper examines the consequences of the breakdown of talks on the Free Trade Area of the Americas
(FTAA) and the generalized shift from multilateralism to bilateralism in the Americas for the region’s
emerging foreign investment regime. The paper argues that multilateral processes have historically
benefited Latin American countries when their interests have diverged from those of the US. In terms of
investment, the foreign investment regime advanced by the United States (in bilateral investment treaties)
differs significantly from that advanced by sub-regional powers such as Argentina, Brazil and Mexico,
particularly regarding investment rules on national treatment and performance requirements. This suggests
that, in the absence of multilateral negotiations, US norms on investment and development will
progressively define the emerging hemispheric investment regime.
Keywords: bilateral investment treaties, United States, Latin America, investment policy, economic
development, multilateralism
[Draft paper, please do not cite or quote without author’s permission]
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