This long-awaited volume featuring contributions from top African international lawyers and voices from the continent critically explores the notion of international investment law from an African perspective. It does so by confronting some of the very hard questions with regard to the relationship between international investment and development that have either eluded or not been properly addressed in contemporary scholarships. After many years of popularity, investment treaties have recently caused increasing concern among States, most prominently for the unbalanced nature of their content, the often inadequate safeguard of the regulatory powers of the host State and the shortcomings of international investment arbitration. Some States have upgraded their investment treaties, others have revised their investment treaty model, and others have opted for facilitation agreements. This innovative monograph critically explores all these contentious issues from a multidisciplinary perspective.
internationalinvestmenttreaties from both substantive and
procedural standpoints. It remains to be seen whether such a rather
drastic departure from treaty standards was appropriate and, what
the consequences of the replacement of investment treaties with the
Act will have, keeping in mind the still unproven causal
relationship between investment treaties and the flow of foreign
objective of sustainable development. The primary addressees of the
two instruments are, in SADC’s case, a regional sub-group of
African States and, in the PAIC’s case, the AU Member States.
Consequently, they can be seen as ‘an attempt by African
countries to shape an internationalinvestmenttreaty according to
their own priorities’. 22
3 The AfSIL Principles as a mild regional
Policy and Trade on 5 March 1998.
54 International Investment Agreements Navigator, UNCTAD database. Retrieved from:
http://investmentpolicyhub.unctad.org/IIA (accessed 22 December 2014).
55 J.E. Alvarez ‘The Development and Expansion of Bilateral Investment Treaties:
Remarks’, Proceedings of the Annual Meeting– American Society of International Law Annual,
86 (1992), 532–57, quote on p. 553.
56 J. Perez, M. Gistelinck and D. Karbala, Sleeping Lions: InternationalInvestmentTreaties, State-Investor Disputes and Access to Food, Land and Water (Oxford, UK
based solely on internationalinvestmenttreaties or also on
investment contracts and domestic law. The profile of adjudicators,
in particular their independence, has also been touched upon and
also whether decisions taken by the multilateral court would be
effectively enforceable, that is, have a level comparable to the
enforcement under ICSID Rules. Two further highly interesting topics