Racionalidade econômica e os acordos bilaterais de investimento

Abstract

This article examines the decision made by countries to conclude bilateral investment treaties through the prism of economic rationality, in order to measure the adequacy of the Brazilian position on the subject. Through deductive approach and using the theoretical tools of Economic Analysis of Law and bibliographic research, the study concludes that the rational decision of the states to conclude investment agreements can no longer be measured in a dichotomous paradigm, opposing on the one hand, developed countries as capital exporters and on the other hand, developing countries as recipients of foreign investment. In this new scenario, the rational and self--interested perspective can demand a more balanced agreement than those broadcasted in the 1990s and is compatible, therefore, with the trend to recast the main provisions of these agreements a path that seems to be the one that Brazil chose while negotiating recently on the subject.