The Court of Justice of the Andean Community: A New Forum for the Settlement of Foreign Investment Disputes?

Conference paper by Esther Anaya Vera and Rodrigo Polanco delivered at theTercera Conferencia Bienal de la Sociedad Latinoamericana de Derecho Internacional, Bogotá, Colombia, 14-16 August 2014. Published in the SSRN Electronic Journal.

ABSTRACT: This paper studies the role currently held by the Court of Justice of the Andean Community (CAN), in the settlement of disputes between foreign investors and host States of that investment. It also gives a prospective analysis of the role the CAN Court might have in resolving such conflicts in the context that some countries in the region have opted out of the main forum for resolving these disputes - the International Centre for Settlement of Investment Disputes (ICSID) - and that the Member States of the Union of South American Nations (UNASUR) are studying the creation of a regional alternative to adjudicate these disputes.