Bibliographic citations
Rivera, R., (2017). La incorporación de clausulas paraguas en los tratados bilaterales de inversión suscritos por el Perú [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/2791
Rivera, R., La incorporación de clausulas paraguas en los tratados bilaterales de inversión suscritos por el Perú [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2017. https://hdl.handle.net/20.500.12759/2791
@misc{renati/375947,
title = "La incorporación de clausulas paraguas en los tratados bilaterales de inversión suscritos por el Perú",
author = "Rivera Sanchez, Ramiro",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2017"
}
Through this research, it is argued that the incorporation of umbrella clauses is convenient for the Bilateral Investment Treaties, signed by Peru because they represent a neutral space for the resolution of disputes related to investments, leading to promote fairness and achieving certain Guarantees for investors that determine the legal security of investments. The Bilateral Investment Treaties, which constitute a fundamental instrument of Investment Law, are maintained as a basis for analysis. It is thus controversial the relationship of these umbrella clauses, constituted as dispositions, in relation to its scope and also with respect to its application. At present, the determination of the umbrella clauses has raised some doubts regarding the possibility of conflicts with local law. The non-experimental hypothesis will be designed and contrasted, and as methods of application for the investigation, the deductive method will be used to be able to review the express protection clauses contained in the Bilateral Investment Treaties and the inductive; A method that will be used to analyze some cases of investment arbitrations where the umbrella clauses have been mentioned in order to be able to determine whether the breach of contract generates a violation of an International Treaty. It is also considered the exegetical legal method, method through which will be studied the applied legal regulations, international treaties. Materials such as books, web articles, arbitration jurisprudence, analysis of previous cases before the ICSID have been used for this investigation. Finally, through inquiry, it will be shown that the umbrella clause represents an instrument of integration between local and international law, because it guarantees contractual rights under an international treaty.
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