Commercial Space Activities and Investment Protection in Argentina

CASTILLO ARGAÑARÁS, LUIS F.

Fukuoka, Japón

Congreso; 48th Colloquium on the Law of Outer Space; 2005

International Insttitute of Space Law (Paris)

During the ‘90s the Argentine Republic implemented a thorough State reform. This led to an economic opening and deregulation, which sought international insertion and attracting foreign investment. Presidential Decree No. 2061/91 called for a national and international public bid for the supply, putting into orbit and operation of a satellite system. Presidential Decree No. 153/93 awarded the public bid to a Transitory Joint Venture (UTE). Section 1 stated that “Aero Spaciale SIN, ALCATEL.....Unión Transitorias de Empresas (Transitory Joint Venture) shall be awarded the national and international public bid…” During the same decade, Argentina signed several Bilateral Investment Treaties (BIT). It also became a member of the ICSID. After the financial and economic crisis that affected the country by the late 2001, Argentina has to face about forty lawsuits filed by private companies before the ICSID. The purpose of this paper is to analyze if there exist any legal rules for the protection of foreign investors in Argentina, the hierarchy of investment treaties within the domestic legal system and whether there is any conflict between said treaties and the Argentine constitutional provisions. This presentation intends to answer such questions. SERA PUBLICADO EN FECHA PROXIMA EN EL LIBRO DEL CONGRESO