| Description |
1 online resource : text file, PDF |
| Series |
Routledge research in international economic law |
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Routledge research in international economic law.
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| Contents |
Cover; Title; Copyright; Dedication; Contents; List of cases; List of tables; List of acronyms and abbreviations; Acknowledgements; 1 Introduction; Introduction; FDI trends in Africa; Origins and development of international investment law in Africa; Emerging trends in investment regulation in Africa; Objectives of this book; Book overview; Conclusion; 2 The public interest role of investment regulation; Introduction; Defining the public interest regulation theory; Nature and purpose of the state measure; Manner in which the state measure was introduced; The importance of the public interest |
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Scope of the measure and the extent to which a measure violates IIA obligationsSuitability and necessity of a state measure to protect the public interest; The foreseeability of the introduction of the measure; The good faith nature and legitimacy of the measure; Implications of the public interest regulation theory; Public interest regulation theory and human rights; Relevance of constitutionalism and global administrative law; The public nature of ISDS; BIT arbitration and public interest; Policies and interests underlying BITs; The dilemma of the varying rules of expropriation |
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Regulatory chill and the depoliticisation of lawConclusion; 3 The rule of law and depoliticisation of investment disputes; Introduction; ISDS: Alternative dispute resolution or privatisation of justice?; Confidentiality; Time and costs; Neutrality; Arbitrators' bias and conflict of interest; Problematic institutional architecture and inconsistencies; New transparency rules; Amicus participation; Recurring investment disputes in Africa and the implications for state regulation; Ordinary regulatory disputes; Extraordinary crisis disputes; Transition disputes; Tax disputes |
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Culturally sensitive disputesFinancially disproportionate disputes; Conclusion; 4 Developing alternatives to investor-state dispute settlement; Introduction; Strengthening domestic legal systems; Role of domestic legal systems in meeting objectives of ISDS; Investment flows; Depoliticisation of disputes; Rule of law; Remedies for investors; Notable features of the domestic legal system; Transparency; Non-disputing party participation; Correctness; Cost; Impartiality; Efficiency; Accessibility; Deficiencies of the domestic legal system; Intersection with the rule of law |
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State-state dispute settlementInvestment flows; Depoliticisation of investment disputes; Rule of law; Remedies; Notable features of state-state dispute settlement; Transparency; Non-disputing party participation; Correctness; Costs; Impartiality; Efficiency; Accessibility; Deficiencies of state-state dispute settlement; Intersection with the rule of law; Political risk insurance; Investment flows; Depoliticisation of disputes; Rule of law; Remedies; Notable features of PRI; Transparency; Correctness; Cost; Efficiency; Accessibility; Deficiencies of PRI; Intersection with the rule of law |
| Summary |
"This books studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. This book develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, this book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, this book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticises investment disputes, promotes the rule of law and offers remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, this book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa."--Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Investments, Foreign -- Law and legislation -- Africa
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Investments -- Law and legislation -- Africa
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Arbitration and award -- Africa
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Dispute resolution (Law) -- Africa
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Human rights -- Africa
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Social responsibility of business -- Law and legislation -- Africa
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Investments, Foreign -- Economic aspects
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Investments, Foreign (International law)
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LAW -- Commercial -- International Trade.
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LAW -- International.
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Human rights
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Arbitration and award
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Dispute resolution (Law)
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Investments, Foreign -- Economic aspects
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Investments, Foreign (International law)
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Investments, Foreign -- Law and legislation
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Investments -- Law and legislation
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Social responsibility of business -- Law and legislation
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Africa
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| Form |
Electronic book
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| ISBN |
9781315277264 |
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1315277263 |
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