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Africa's international investment law regimes
Author
Title
Africa's international investment law regimes / Won L. Kidane.
ISBN
9780197745571
0197745571
9780197745595
9780197745588
9780197745601
Publication
New York : Oxford University Press, [2023]
Physical Description
vi, 644 pages ; illustrations ; 24 cm.
Summary
"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"-- Provided by publisher.
Format
Books
Language
English
Added to Catalog
February 15, 2024
Bibliography
Includes bibliographical references and index.
Contents
Historical and conceptual background, analytical framework, scope of coverage and sequence
Africa and the normative development of international investment law
International investment jurisprudence and Africa : a historical background and case analysis framework
Procedural history and the evolution of the African state's participation in investment arbitral proceedings
The post-2010 modern cases
Decision makers and representation
Jurisdiction and meaning of investment
Post-2010 contemporary jurisdictional matters
Determination of facts
Determination of facts in the post 2010 cases
Duration of proceedings
Expropriation
Expropriation post-2010
The umbrella clause as a concept of international investment law in the African cases
Fair and equitable treatment, full protection and security, and non-discrimination
Fair and equitable treatment, full protection, and security, and non-discrimination principles in the Post-2010 cases
Choice of law : the concurrent application of host state laws and principles of international law
Damages
Allocation of costs and interests
The eight African regional economic communities in context
The common market for Eastern and Southern Africa
The economic community for West African states
The Southern Africa development community
Africa's BITs with its traditional partners of the West
Africa's BITs with its Eastern partners
Intra-Africa BITs
The Pan-African investment code as a bridge to AfCFTA investment protocol
Protocol to the agreement establishing the African continental free trade agreement on investment
Summary of Conclusions.
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