Aplicación del derecho de competencia: marco jurídico de los acuerdos internacionales de inversión y arbitraje internacional en Colombia

Abstract

At the end of the 20th century, concepts such as foreign direct investment, transnational corporations, free industrial zones, bilateral investment treaties, swallow capitals, and others were handled throughout the world, which generated special conditions for agreements between countries where both states benefited from that agreement. Colombia was immersed in a protectionist structure, which made the country's economy develop mainly under an eminently agricultural concept. In the economic discussions of the moment, it is important to introduce our country to the neoliberal current and open our economy to the world, seeking a better development for the country and for nationals. Given this new panorama, our country, prior approval of Conpes documents, embarks on economic openness and attracting resources to develop the economy through International Investment Agreements, allocating development spaces and special concessions to other states. Likewise, our country was preparing, to release a new Political Constitution, where concepts such as guardianship, prior consultations and above all the fundamental rights of the human being stand out, which today, in full constitutional development and in full protection of those constitutional guarantees of the communities are allowing the country to enter into controversies with foreign investors that can result in multi-million dollar lawsuits against the nation, which may even affect the country's economic sustainability and the application of competition law, for the values that are already being shown. In this exercise we propose to develop the impact that the opening has had since the 90s of the neoliberal economy adopted by our country, in the context of direct foreign investment