Resumen

CRIVELLI, Agustín. El capital extranjero en Argentina. Ciclos hist. econ. soc. [online]. 2015, vol.24, n.44, pp.69-92. ISSN 1851-3735.

The Argentine economic structure is heavily dominated by foreign firms. This process has been increased since the last military dictatorship, with a extremely favorable foreign capital legal framework. In this context, foreign investment have not served to sustain national development but instead helped to deepen the historical foreign exchange constraint to development. In the nineties, in a context of large inflows of foreign direct investment (FDI) to Latin American countries, this situation was aggravated in Argentine by the indiscriminate signing of Bilateral Investment Treaties (BITs), together with the extension of jurisdiction in favor of international tribunals, where foreign companies can directly sue national states. Throughout this paper we analyze the history and evolution of the international investment protection, when it comes to attempts to establish a multilateral framework, bilateral scheme operation, and dispute resolution mechanisms in place. It also reviews the process of denationalization of the Argentinean economy, the legal framework in which foreign capital operate, as well as claims brought by foreign investors against Argentina in international courts. Finally we suggest some proposals for action aimed at reversing the current state of regulation of foreign capital in Argentina.

Palabras clave : Foreign Investment; Bilateral Investment Treaties; ICSID; Argentina.

        · resumen en Español     · texto en Español     · Español ( pdf )