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Article . 2023 . Peer-reviewed
License: CC BY NC SA
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Article . 2023
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Non-state actors, extractive industries, and the investment regime: What can be learned from six Amazonian investor-state disputes?

Authors: Pedro Silva;

Non-state actors, extractive industries, and the investment regime: What can be learned from six Amazonian investor-state disputes?

Abstract

The international investment regime was designed to reduce political risks—risks created by government action or inaction—faced by enterprises venturing abroad. It assumes that political risks are due to unitary host states, who, guided by national interests, would confiscate profitable foreign enterprises when opportune. This article argues, however, that political risks can have a different origin. In ecologically vulnerable areas, extractive projects can be polarizing, as some groups benefit from their existence while others suffer their consequences. In this setting, non-state actors may fight legally and politically to attract or expel extractive industries, generating policy uncertainties and political risk. To check this argument, the article examines five investor-state disputes coming from extractive projects located in the Amazon and which were caused, in part or completely, by the actions of non-state actors. The cases studied provide insights into the importance of non-state actors in the investment realm as well as the inadequacies of the current investment regime.

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Keywords

investor-state disputes, H, political risks, extractive sector, Social Sciences, non-state actors, Amazon

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold