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Tratado de Libre Comercio entre Argentina y Chile: Análisis del Capítulo de Inversiones

Por Luciana Ghiotto y Cecilia Olivet 

6 razones por las cuales hay que rechazar la ratificación del Tratado de Libre Comercio (TLC) entre Argentina y Chile:

    1. El TLC blinda los derechos para los inversores ya que la denuncia del TLC es políticamente casi imposible.
    2. El TLC mantiene amplios derechos para los inversores, incluyendo los más usados por los inversores para demandar, como ser: Trato Justo y Equitativo, Expropiación Indirecta, Trato Nacional y Trato de Nación Más Favorecida.
    3. Con el TLC, los inversores van a poder seguir demandando ante tribunales internacionales cuando los Estados introducen medidas regulatorias, incluso si las mismas son a favor del interés público o del medioambiente.
    4. El TLC deja amplia discrecionalidad a los árbitros para que decidan si el Estado violó los derechos del inversor y determinen una indemnización sin límites.
    5. El TLC sigue siendo un instrumento de una sola vía donde solo se otorgan derechos y beneficios al inversor sin ninguna obligación a cambio.
    6. Se reemplaza el Tratado de Inversión existente entre Argentina y Chile sin haber hecho un análisis de costos versus beneficios del mismo; no se han estudiado los impactos de ese Tratado y no hay evidencia que muestre por qué es necesario otorgar a los inversores estos beneficios extraordinarios.

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