The development of the ‘duty to regulate’ paradigm in the present study is an attempt
to revisit the long-standing critical stand of Latin American countries towards
international legal instruments protecting foreign investment and steer it towards
the contentious issues which, from a human rights law perspective, should be
addressed.
By using Latin America as a case example, this monograph invites international
investment law (IIL) scholars to integrate international human rights law (IHRL) in
their analysis. These legal standards not only indisputably apply to states in the
investment context, but also normatively inform foreign investors’ responsbilities
throughout the undertaking of their economic activities in these countries.
Concerning human rights scholars, this work provides a normative tool to frame
the issues of contention regarding the IIL regime’s operation and to articulate their
views in a way that IIL is familiar with while consistent with IHRL.