Rule-of-law e a teoria da imprevisão em investimentos estrangeiros diretos: o caso CMS Gas Transmission Company vs. República Argentina

Abstract

This paper discusses the application of the theory of unpredictability in the case CMS Gas Transmission Company vs. Argentina, settled by the International Centre for Settlement of Investment Disputes. Analyzes the characteristics of the development model implemented in the 90’s in the Latin America, and the rule-of-law as a paradigm, materialized by the institutional “best practices”, to generate confidence to attract foreign investors. The economic crisis suffered by the country ten years later caused a break in this environment. Seeks to evaluate the institution of the theory of unpredictability, to determine it applicability in the case under examination, in order to justify a change in the rules of the game. Addresses the issue from the perspective of international law and domestic Argentinian law.