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    ¿A igual razón, igual derecho? La tutela constitucional del inversionista nacional por expropiaciones indirectas
    (Universidad Femenina del Sagrado Corazón, 2020-12-15)
    This essay deals with the thesis of the protection of indirect expropriations of national investors, invoking the equal treatment —with the advantages, rights and guarantees of the foreign investor— established in article 63 of the Peruvian Constitution. Our goal is to make explicit the reasons why is it now possible to go forward in the procedural protection of the national investor against cases of indirect expropriation, by using arbitration instead of the amparo process for that purpose. This other procedural protection derives from the Bilateral Investment Treaties and Free Trade Agreements that provides for national or international investment arbitration. Given that this arbitration procedure arises from a legal source, the national investor, under the principle of equality of treatment of the foreign investor is also entitled to use it.
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    Expropriation and consequence: Peru-United States relations (1963–1975)
    (2022-05-11)
    This article studies the nature of Peru-United States relations during the period 1963–1975 through an analysis of the dispute over the potential expropriation of the US-owned International Petroleum Company. The United States government implemented a tough policy towards the first government of Fernando Belaúnde – who sough a “special” relation with the Unites States –characterized by the threat of economic sanctions if the Peruvian government did not solve the issue in favor of the company. The threat of the Hickenlooper Amendment, which sought to penalize countries that expropriated American owned businesses, was a clear sign of this. Once the company was expropriated by the Revolutionary Government of the Armed Forces in 1968 the American government was ironically forced to follow a more flexible approach, as the new military regime sought to diversify its bilateral relations in the bipolar context of the Cold War. The American policy of supporting the IPC had negative long-term effects fo American interests in the region, as it accelerated the overthrown of Belaúnde and ushered in the arrival of a military junta which sought a more independent foreign policy. A country that had been solid American ally camp since the end of World War II had become a nonaligned nation.