Breaches of State Contracts in the Interpretation and Application of International Investment Law in the Arbitration Case Law Involving Latin American Countries

The present contribution addresses the age-old question of the relevance of State contracts in international law seen through the specific lenses of international investment law where this issue is most recurrent. The present selective analysis of arbitration case law involving Latin American countries is of a merely exemplary character, looking for trends rather aiming at proving any specific regional customary law in this field. Nonetheless, the position of individual defendant States from Latin America will be considered with special attention as to whether it has been upheld, or rejected, by the arbitration tribunal in any given case, hence merging the research of case law with State practice.