O Brasil e as disputas com investidores estrangeiros [Brazil and the disputes with foreign investors]

This article in Portuguese language (shorter French version in: S. Monclaire / J.F. Deluchey (eds.), Gouverner l'intégration : les politiques nationale et internationale du Brésil de Lula (Paris, Pepper 2006)) traces the roots of resistance of Latin American States against international arbitration between foreign investors and host countries. It sketches how all bilateral treaties on the protection of foreign investments signed by the Brazilian government have been systematically rejected by the Brazilian Parliament. This rejection was based on arguments that were thought buried long time ago, i.e. the arguments of the notorious Calvo doctrine. The author argues that the foundations of this doctrine can hardly be ignored. Brazil's resistance and the persistence of the Calvo doctrine give valuable insight on how the present investment dispute settlement mechanisms contained bilateral and multilateral investment treaties would have to be adapted in order to remove their "imperialist" image and gain broad global acceptability.