Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-vsgnj Total loading time: 0 Render date: 2024-07-16T23:59:31.900Z Has data issue: false hasContentIssue false

6 - Divesting for Development

Published online by Cambridge University Press:  21 July 2022

David Schneiderman
Affiliation:
University of Toronto
Get access

Summary

This chapter imagines how proposals, aimed at facilitating the divestiture and exit of foreign investors, might have offered an alternative to problems that purport to be solved by international investment law. There is not much talk of alternatives as they have been banished by the discursive and material power of investment law. Displaced are fifty-year-old proposals aimed at facilitating the divestiture and exit of foreign investors that were introduced by Argentinian economist Raul Prebisch and elaborated upon by US-based economist Albert Hirschman. The chapter begins with a discussion of what is labelled constitutional dispossession, before turning to a discussion of the Prebisch–Hirschman proposal. An examination of this past yields fruitful insights into how we can generate substitutes for investment law, particularly as investment law’s foundations are being tested, even weakened, in some locales. The advantages of the divestment proposal are then identified and applied to the award in Bear Creek v. Peru, a dispute prompted by the revocation of a mining licence granted to a Canadian investor to which Aymara Indigenous communities in Peru were vociferously opposed. The object is to reimagine the status quo and reflect upon the prospects of far-reaching change.

Type
Chapter
Information
Investment Law's Alibis
Colonialism, Imperialism, Debt and Development
, pp. 153 - 170
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×