Implications of the foreign investment treaties and ICSID arbitration in the argentine constitutional system. A necessary interface between foreign investment and human rights

Abstract

The text discusses the study on the impact of bilateral
foreign investment treaties and the consequent decisions of arbitral tribunals,
under the treaties referred in the constitutional system of Argentina.
Some of these con+icts arise from differences in the rights guaranteed
to foreign investors and citizens of the country, arising between the
date of entry into force of the majority of Bilateral Investment Treaties
(forward BIT) and the subsequent constitutional reform of the country
in 1994. This reform led to a series of amendments and constitutional
guarantees, primarily for the hierarchical value of certain human rights
treaties that may collide with the obligations under the BIT.