BITs y la Constitución Colombiana de 1991: Internacionalización de la Economía dentro de un Estado Social de Derecho
A discussion of the twenty years of the Constitution from today's perspective necessarily implies an analysis of the opening, internationalization and insertion of the Colombian economy in the global markets and its effects on the nation's economy and on society. This article discusses the...
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| Format: | Article |
| Language: | Spanish |
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Universidad del Rosario
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3685401 |
| Source: | Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 13, Nº. 1, 2011, pags. 109-143 |
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| Summary: |
A discussion of the twenty years of the Constitution from today's perspective necessarily
implies an analysis of the opening, internationalization and insertion of
the Colombian economy in the global markets and its effects on the nation's economy
and on society. This article discusses the development of Bilateral Investment
Agreements (BITs, or APPRI by its acronym in Spanish), within the framework of
the Colombian Constitution of 1991 and the importance given by the Colombian
government to these treaties as a tool for economic, technological and scientific
development. In this sense, this paper begins by analyzing the treaties and their development
in the international scene. Then it focuses on the BITs in Colombia in
the light of Constitutional Court jurisprudence and rulings on the matter. Special
emphasis is made on the issue of expropriation of foreign investments in Colombia
under the Constitution of 1991, the contradiction between the Constitution and
the BITs, and the solution given to the controversy by Colombian Congress. Lastly, the
article makes a theoretical critique on the effectiveness and necessity of these treaties
for Colombian society. |
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