International Investment Law And Policy In Africa

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International Investment Law and Policy in Africa

Fola Adeleke
International Investment Law and Policy in Africa Book PDF

Author : Fola Adeleke
Publisher : Routledge
Page : 211 pages
File Size : 48,5 Mb
Release : 2017-09-08
Category : Business & Economics
ISBN : 9781351998819

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International Investment Law and Policy in Africa by Fola Adeleke Pdf

This book 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. It 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, the 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, the 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, depoliticise investment disputes, promote the rule of law and offer 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, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

African perspectives in international investment law

Yenkong Ngangjoh Hodu,Makane Moïse Mbengue
African perspectives in international investment law Book PDF

Author : Yenkong Ngangjoh Hodu,Makane Moïse Mbengue
Publisher : Manchester University Press
Page : 326 pages
File Size : 55,5 Mb
Release : 2020-12-15
Category : Law
ISBN : 9781526151261

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African perspectives in international investment law by Yenkong Ngangjoh Hodu,Makane Moïse Mbengue Pdf

The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.

Handbook of International Investment Law and Policy

Julien Chaisse,Leïla Choukroune,Sufian Jusoh
Handbook of International Investment Law and Policy Book PDF

Author : Julien Chaisse,Leïla Choukroune,Sufian Jusoh
Publisher : Springer
Page : 0 pages
File Size : 42,6 Mb
Release : 2021-08-17
Category : Law
ISBN : 9811336148

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Handbook of International Investment Law and Policy by Julien Chaisse,Leïla Choukroune,Sufian Jusoh Pdf

The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

The Investment Treaty Regime and Public Interest Regulation in Africa

Dominic Npoanlari Dagbanja
The Investment Treaty Regime and Public Interest Regulation in Africa Book PDF

Author : Dominic Npoanlari Dagbanja
Publisher : Oxford University Press
Page : 401 pages
File Size : 41,7 Mb
Release : 2022-07-14
Category : Law
ISBN : 9780192649898

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The Investment Treaty Regime and Public Interest Regulation in Africa by Dominic Npoanlari Dagbanja Pdf

A large amount of foreign direct investment (FDI) has been poured into Africa in recent decades and these investments can come with adverse effects on the environment, human rights, and development. At the same time, investment treaties, entered into by African states and aimed at promoting and protecting FDI, seriously limit those states' ability to regulate such activities in the interests of affected communities. Whilst these tensions have generated global debate, little attention has been paid to the legal status of many of these investment treaties, and whether - given their constitutional and customary international law obligations to act in the public interest - African states truly have the capacity to conclude treaties which contain standards of investment protection expressly preventing or unduly abridging the exercise of their regulatory authority. Focusing on this question, The Investment Treaty Regime and Public Interest Regulation in Africa presents The Imperatives Theory: a legal, normative, and principled framework for rethinking the legal status, making, and reform of investment treaties and investment dispute settlement in Africa, with relevant and significant implications for the global investment treaty regime.

Foreign Mining Investment Law

Richard W. Roeder
Foreign Mining Investment Law Book PDF

Author : Richard W. Roeder
Publisher : Springer
Page : 200 pages
File Size : 45,9 Mb
Release : 2016-06-28
Category : Law
ISBN : 9783319312170

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Foreign Mining Investment Law by Richard W. Roeder Pdf

This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.

Rules and Practices of International Investment Law and Arbitration

Yannick Radi
Rules and Practices of International Investment Law and Arbitration Book PDF

Author : Yannick Radi
Publisher : Cambridge University Press
Page : 581 pages
File Size : 54,5 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781107102101

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Rules and Practices of International Investment Law and Arbitration by Yannick Radi Pdf

Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.

Shifting Paradigms in International Investment Law

Steffen Hindelang,Markus Krajewski
Shifting Paradigms in International Investment Law Book PDF

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 47,9 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058295

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Africa's International Investment Law Regimes

Won Kidane
Africa s International Investment Law Regimes Book PDF

Author : Won Kidane
Publisher : Oxford University Press
Page : 657 pages
File Size : 55,9 Mb
Release : 2023
Category : Law
ISBN : 9780197745571

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Africa's International Investment Law Regimes by Won Kidane Pdf

"Decolonization restored African states' sovereign independence. The post-colonial period was, however, characterized by major economic disruptions that resulted in chronically weakened economies. The newly independent African states faced a profound dilemma between economic liberalization and openness on the one hand, and the maintenance of regulatory autonomy on the other. Confronted with unrelenting poverty and inadequate infrastructure, African states needed direct foreign investment to boost their economies. However, most foreign investors were cautious about investing in African countries due to the perceived lack of clear and predictable legal regimes necessary to protect foreign investments from expropriation and other forms of harm"--

International Investment Law and Soft Law

Andrea K. Bjorklund,August Reinisch
International Investment Law and Soft Law Book PDF

Author : Andrea K. Bjorklund,August Reinisch
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 40,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781003220

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International Investment Law and Soft Law by Andrea K. Bjorklund,August Reinisch Pdf

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

International Trade and Investment Law

Leal-Arcas, Rafael
International Trade and Investment Law Book PDF

Author : Leal-Arcas, Rafael
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 54,9 Mb
Release : 2010-05-28
Category : Law
ISBN : 9781781000779

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International Trade and Investment Law by Leal-Arcas, Rafael Pdf

This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe

Talkmore Chidede
Legal Protection of Foreign Direct Investment A Critical Assessment with Focus on South Africa and Zimbabwe Book PDF

Author : Talkmore Chidede
Publisher : Anchor Academic Publishing
Page : 245 pages
File Size : 51,5 Mb
Release : 2016-09
Category : Business & Economics
ISBN : 9783960670506

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Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe by Talkmore Chidede Pdf

This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

Yearbook on International Investment Law & Policy 2014-2015

Andrea K. Bjorklund
Yearbook on International Investment Law Policy 2014 2015 Book PDF

Author : Andrea K. Bjorklund
Publisher : Oxford University Press
Page : 128 pages
File Size : 51,9 Mb
Release : 2016-09-30
Category : Law
ISBN : 9780190612061

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Yearbook on International Investment Law & Policy 2014-2015 by Andrea K. Bjorklund Pdf

Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.

Reconceptualizing International Investment Law from the Global South

Fabio Morosini,Michelle Ratton Sanchez Badin,Michelle Ratton Sanchez
Reconceptualizing International Investment Law from the Global South Book PDF

Author : Fabio Morosini,Michelle Ratton Sanchez Badin,Michelle Ratton Sanchez
Publisher : Cambridge University Press
Page : 321 pages
File Size : 44,5 Mb
Release : 2017-10-26
Category : Business & Economics
ISBN : 9781107190030

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Reconceptualizing International Investment Law from the Global South by Fabio Morosini,Michelle Ratton Sanchez Badin,Michelle Ratton Sanchez Pdf

This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.

Principles of International Investment Law

Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Principles of International Investment Law Book PDF

Author : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Publisher : Oxford University Press
Page : 561 pages
File Size : 52,6 Mb
Release : 2022-01-13
Category : Law
ISBN : 9780192672414

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Principles of International Investment Law by Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer Pdf

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

International Investment Law

Marc Bungenberg
International Investment Law Book PDF

Author : Marc Bungenberg
Publisher : Hart Pub Limited
Page : 2000 pages
File Size : 54,8 Mb
Release : 2014-11-30
Category : Law
ISBN : 1849463638

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International Investment Law by Marc Bungenberg Pdf

International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.