Analyzing Peru's Role in FDI: Globalization, Law, and Human Rights

This report examines the relationship between globalization and law, focusing on Peru's role as a host state for Foreign Direct Investment (FDI). It discusses how Peru attracts foreign investment across various sectors, supported by constitutional privileges and privatization programs. The analysis includes the importance of human rights provisions within Peru's legal framework, covering aspects like labor rights, educational rights, and equality rights, as protected by the constitution and international agreements such as the United States-Peru Trade Promotion Agreement. The report concludes that human rights provisions are crucial for interpreting international investment agreements, helping to preserve the state's regulatory space and creating obligations for investors regarding human rights.

GLOBALISATION AND LAW

 Introduction
 Role of Peru as host state for FDI
 Provisions of Human Rights
 Conclusion
 References
TABLE OF CONTENTS

 Globalisation refers to the spread of technology, information and job opportunities across the world.
 It also includes the social, culture and legal phenomenon.
 It also refers to the integration and communication among the people, governments and companies
globally.
 Law is defined as the set of rules and regulations enacted by the government of the country.
 The report covers the role of Peru as a host state for FDI and the importance of provision in relation to
Peru’s wider international Human right law obligation.
Introduction

 Foreign Direct Investment (FDI) is not only a form of international capital flow but it also refers to the
economic and operational activities
 Foreign Direct Investment is considered as the integral part of the international economic system and is the
major source for the development.
 Peru attracts the investment both in foreign and domestic countries and nearly all the sectors.
 Peru has reported about $ 2 billion Foreign Direct Investment in the year 2020 and further seeks more
investment for the year 2021.
 The constitution of Peru has provided several privileges to the foreign investors and has permitted foreign
investment in almost all the economic sectors.
Role of Peru as host state for FDI

 The privatisation programme was introduced only for the quantitative inflow of FDI but also focused on
qualitative improvement in the production.
 In 1950s, Peru was considered among the top fishing nations in the world but gradually lost its position
due to overfishing.
 The investment for diversification enabled Peru to regain its position in the top fishing nations.
 Peru further reformed its agriculture laws in 2020 impacting the labour costs and tax incentives which can
affect the investors in agriculture sector.
CONTINUE…

 Human Rights are protected under the constitution of Peru and highlight the importance of the state to
preserve and protect the dignity of the human rights.
 The articles of the Peru constitution include the promotion of the right to self-determination, equality,
non- discrimination and life.
 According to the United States-Peru Trade Promotion agreement, labour law refers to the rights of the
labour such as freedom of association, abolition of child labour and other provisions related to the labour
protection of child and minor.
 In Peru, labour unions are freely organised but they are subject to the regulations framed by the
government.
PROVISIONS OF HUMAN
RIGHTS

 The provisions related to the human rights also include the educational rights and religious rights which
are stated in the constitution of Peru.
 It also highlights the various discriminatory rights such as women rights, sexual rights and equality rights
which aims at protecting and safeguarding the rights of residents of Peru.
 International Investment Agreements is a kind of treaty between the countries that outlines the issues
related to the cross border investments usually for the promotion and protection of such investments.
CONTINUE…

 From the above report it can be concluded that the provisions of the human rights plays an important role
in the interpretation of the international investment agreement.
 Peru has included various human rights provisions which helps in preserving the state regulatory space and
also creates obligation on the investors regarding the provisions of the human rights.
CONCLUSION

 Beggar, A., 2021. The path of state terror in Peru. In When States Kill (pp. 252-277). University of Texas
Press.
 De Brabandere, E., 2019. Human rights and international investment law. In Research Handbook on Foreign
Direct Investment. Edward Elgar Publishing.
 Kang et.al, 2021. When Does Foreign Direct Investment Lead to Inclusive Growth?. The World Economy.
 Lander, J., 2021. Shifting states: the constitutional risks of extractive development. Canadian Journal of
Development Studies/Revue canadienne d'études du développement, pp.1-19.
 Perrone, N.M., 2019. The “invisible” local communities: Foreign investor obligations, inclusiveness,
and the international investment regime. American Journal of International Law. 113. pp.16-21.
 Tridico, et.al, 2018. Economic growth, welfare models and inequality in the context of
globalisation. The Economic and Labour Relations Review.29(1). pp.118-139.

REFERNCES