Tarcisio Gazzini
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Rethinking the promotion and protection of foreign investments
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As a result of the criticism against investment treaties, South Africa terminated several of its investment treaties and adopted a piece of legislation on the protection of investment. Against this background, the chapter analyzes and compares the protection provided under the Act with the protection provided under investment treaties. Following a thorough examination, the chapter argues that the Act offers a level of protection definitely lower than that normally provided by international investment treaties from both substantive and procedural standpoints. The chapter ends on a pessimistic note regarding the appropriateness of South Africa’s response to the criticism against investment treaties and offers alternative options for the way forward.

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