MEASURING THE INFLUENCE OF ENVIRONMENTAL PUBLIC POLICY IN INTERNATIONAL ARBITRATION PROCESSES UNDER FTA RULES: A CASE- STUDY ANALYSIS ON THE CONFLICT AMONG RENCO GROUP AND THE REPUBLIC OF PERU (2011-2016)

Abstract

This paper will focus on a specific case of international arbitration, for which the International Centre for the Settlement of Investment Disputes (ICSID) released a Final Award on Jurisdiction in December 2016: The Renco Group vs. Republic of Peru case. This was the first case where an American-based transnational mining company sued the Peruvian State under the legal framework of the US-Peru FTA, which entered into force in February 2009; with a favourable result for the Peruvian State. In order to understand the causes of this outcome, we deal with two different but complementary problems: the impact of the US-Peru FTA in domestic politics and its public policy outcomes, as well as the influence of these reforms in the Final Award given by the ICSID arbitration court.