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International Investment Law and Policy in Africa : Exploring a Human Rights Based Approach to
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International investment law has experienced major developments over the last few years. While a large number of bilateral investment treaties (BITs) form the core of African investment treaties, the rise in regional trade agreements as well as changing shifts in domestic law approaches would likely produce significant changes in investment regulation. Within the last 10 years, there have been regulatory developments in sub-regional institutions such as COMESA and the SADC aimed at making the Southern African and East African regions investor friendly with the aim of developing a harmonized regional approach towards foreign direct investment regulation. Furthermore, China’s increase in economic activity in Africa has led to a rise in African BITs with investor-state dispute settlement (ISDS) clauses which are not typical of traditional Chinese investment policy.
This book examines the international investment law regime with a focus on African experiences and the global trends that are shaping developments in Africa. It provides a comprehensive analysis of the current treaty practices within the African region based on a review of international investment agreements (IIAs) concluded by African countries and where they stand in comparison to global trends on foreign investment rules. This book also investigates the new tendency for African states to reject ISDS mechanisms and the trends emerging from the large number of international investment disputes that have involved African states. It explores what the alternative options to dispute settlement might be how they will affect investor-state relations on the continent. The book is designed to aid the understanding of key characteristics of African IIAs and will focus on the extent to which African IIAs open up market access and promote regional integration.