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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.

Tarcisio Gazzini

international investment treaties 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

in African perspectives in international investment law
Leonardo V P de Oliveira
Marcus Spangenberger

the international investment regime has always been driven by two major factors. First, the international adjudication of investment disputes was seen contrary to the state’s monopoly over the administration of justice. 28 Second, international investment treaties would place foreign investors in a privileged position vis-à-vis domestic investors, thus

in Latin America and international investment law
Claus von Wobeser

deciding to invest in a foreign country. Notably, these corporate considerations converge with the narratives promoted by other systemic actors, including governments and NGOs: the rule of law and respect for fundamental rights, including property rights, is on the agenda of all systemic actors. International investment treaties boost the credibility of

in Latin America and international investment law
Jean d’Aspremont
Alicia Köppen

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 international investment treaty according to their own priorities’. 22 3 The AfSIL Principles as a mild regional

in African perspectives in international investment law
Abstract only
A mosaic of resistance and accommodation
Sufyan Droubi
Cecilia Juliana Flores Elizondo

– notably, promotion of human rights and the need for social license to operate become reasons for protecting their regulatory powers, thus instrumentalizing both human rights and sustainable development. 53 Equally subtle is the emphasis that chapters place on the international investment regime or system that results from international investment treaties. While the concept of system is

in Latin America and international investment law
Harry Blutstein

Policy and Trade on 5 March 1998. 54 International Investment Agreements Navigator, UNCTAD database. Retrieved from: http:­/­/­/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: International Investment Treaties, State-­Investor Disputes and Access to Food, Land and Water (Oxford, UK

in The ascent of globalisation
Stefanie Schacherer

based solely on international investment treaties 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

in African perspectives in international investment law
A Latin American dialectic
Farouk El-Hosseny
Patrick Devine
, and
Ilan Brun-Vargas

is complemented by the power accorded to the chosen forum to apply the law of any of the three places. 44 However, so far, the Draft Instrument has received a mixed reception due to its perceived vilification of business. 45 As concerns international investment treaties, the Morocco–Nigeria BIT (2016) provides that “[i]nvestors and investments shall uphold human rights in the

in Latin America and international investment law
A quest for balance
Rodrigo Polanco Lazo
Felipe Ferreira Catalán

International Investment Treaties ( Bloomsbury Publishing 2016 ) 221 . 44 Ibid. 45 Bruno

in Latin America and international investment law