Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

María José Luque Macías is an Ecuadorian lawyer (UCSG) and LL.M (Potsdam University) with research interests in international investment law, human rights law, and the business and human rights debate. After completion of her doctoral procedure in 2019, she has contributed to the Oxford International Organizations (OXIO) Project and investigated the implications of the recognition of a right to a healthy environment over the access to Inter-American human rights system as a post-doctoral researcher at the FAU Erlangen-Nürnberg.

• 1 Introduction.- 2 The Politicisation of International Legal Instruments Protecting Foreign Investment in Latin America through States’ Articulation of Sovereign Rights.- 3 The States’ Duty to Regulate Foreign Investment Activities under IHRL as a Paradigm for Re-Politicising IIL.- 4 Re-politicisation of IIL by States through an Articulation of their Duty to Regulate in IIAs.- 5 Re-politicisation of IIL by a Regional ISDS Tribunal through its Engagement with Inter-Regime Tensions.- 6 Conclusions and Outlook.