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The Strategic Use of International Investment Law in Colombia – Textiles: Navigating within the International Regime Complex for Development


  • Tamayo-Álvarez Rafael

    (Adjunct lecturer in International Economic Law, Universidad de los Andes, Bogotá, Colombia)


Trade-based money laundering (TBML) is a major concern in Colombia, where criminal organisations employ under-invoicing to conceal drug-trafficking proceeds. In response, Colombia imposed a compound tariff on certain Panamanian importations that were considered linked to this phenomenon. Alleging that the policy measure infringed Colombia’s tariff concessions, Panama activated the World Trade Organisation (WTO) dispute settlement mechanism. The dispute revolved around Article II:1 of the General Agreement on Tariff and Trade 1994. Colombia argued that this norm should be interpreted as to encompass licit trade only. Colombia looked for normative support in the investment treaty regime by establishing a parallel between undervalued imports and illegal investments. Therefore, just as investment treaty tribunals abstain from extending international legal protection to illegal investments, the WTO adjudicating bodies should not extend tariff concessions to importations linked to TBML activities. This article contends that by transplanting a more favourable doctrine of legality from the investment treaty regime to the multilateral trade regime, Colombia engaged in strategic regime shifting. Accordingly, drawing on regime complexes analysis, the article argues that by considering development a common issue-area, it is possible to articulate strategic connections between both regimes.

Suggested Citation

  • Tamayo-Álvarez Rafael, 2020. "The Strategic Use of International Investment Law in Colombia – Textiles: Navigating within the International Regime Complex for Development," The Law and Development Review, De Gruyter, vol. 13(1), pages 31-58, January.
  • Handle: RePEc:bpj:lawdev:v:13:y:2020:i:1:p:31-58:n:3
    DOI: 10.1515/ldr-2018-0080

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    References listed on IDEAS

    1. repec:oup:jieclw:v:20:y:2017:i:3:p:561-582. is not listed on IDEAS
    2. Sarah Babb, 2013. "The Washington Consensus as transnational policy paradigm: Its origins, trajectory and likely successor," Review of International Political Economy, Taylor & Francis Journals, vol. 20(2), pages 268-297, April.
    3. Bonnitcha, Jonathan & Skovgaard Poulsen, Lauge N. & Waibel, Michael, 2017. "The Political Economy of the Investment Treaty Regime," OUP Catalogue, Oxford University Press, number 9780198719557, November.
    4. Ruggie, John Gerard, 1982. "International regimes, transactions, and change: embedded liberalism in the postwar economic order," International Organization, Cambridge University Press, vol. 36(2), pages 379-415, April.
    5. Raustiala, Kal & Victor, David G., 2004. "The Regime Complex for Plant Genetic Resources," International Organization, Cambridge University Press, vol. 58(2), pages 277-309, April.
    6. Joachim Pohl, 2018. "Societal benefits and costs of International Investment Agreements: A critical review of aspects and available empirical evidence," OECD Working Papers on International Investment 2018/1, OECD Publishing.
    7. Kratochwil, Friedrich & Ruggie, John Gerard, 1986. "International organization: a state of the art on an art of the state," International Organization, Cambridge University Press, vol. 40(4), pages 753-775, October.
    8. Michael Ming Du, 2010. "Autonomy in Setting Appropriate Level of Protection under the WTO Law: Rhetoric or Reality?," Journal of International Economic Law, Oxford University Press, vol. 13(4), pages 1077-1102, December.
    Full references (including those not matched with items on IDEAS)

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