3. Producción
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Item type:Publication, ¿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. - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, Rise and Peak of Peruvian Law and Economics(Springer Nature, 2025-01-01)The chapter provides an overview of the introduction and development of the Law and Economics (L&E) approach in Peru. To this end, it outlines a periodization of its evolution based on four major phases: the initial attempts, the boiling period, the peak, and the subsequent stabilization. Criticisms directed at Peruvian proponents of L&E are then presented and analyzed. This analysis closely follows a book authored by Castillo Freyre and Vásquez Kunze, which stands as the most systematic critical examination of Peruvian L&E to date. Finally, the chapter offers a balance of perspectives and identifies future directions for the approach’s development.1