International Investment Agreements in Colombia: Compatibilities and Incompatibilities in Thirty Years of Constitutional Control

Globalization processes influenced the adoption of the 1991 Colombian Constitution. In this context, the Colombian state intensified the policy of signing international investment agreements to attract foreign investment to the country. Currently, the investor-state arbitration under international investment agreements is going through a moment of reform as a result of profound questioning regarding its lack of capacity to balance the State’s regulatory powers and public policies with the rights and interests of investors. Faced with this panorama, the Colombian Constitutional Court claimed in recent decisions its duty to safeguard the integrity and supremacy of the Constitution, regarding international investment agreements. This paper analyzes the main characteristics of the judicial review carried out by the Constitutional Court of the international investment agreements signed by Colombia since the nineties and the recent departure from its jurisprudence in relation to its scope.