International Investment Law and Policy in Africa: Exploring a Human Rights Based Approach to Investment Regulation and Dispute Settlement, 1st Edition (e-Book) book cover

International Investment Law and Policy in Africa

Exploring a Human Rights Based Approach to Investment Regulation and Dispute Settlement, 1st Edition

By Fola Adeleke

Routledge

192 pages

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Hardback: 9781138240629
pub: 2017-09-13
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pub: 2017-09-08
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Description

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.

Table of Contents

1. Introduction 2: The Public Interest Role of Investment Regulation 3. The Rule of Law and Depoliticisation of Investment Disputes 4. Alternatives to Investor-State Dispute Settlement 5. Promoting Development and Human Rights Through Investment Treaties 6. Domestic Investment Regulation and the Influence of Regional Investment Agreements 7. Conclusion and Recommendations

About the Author

Fola Adeleke is a Visiting Senior Researcher at University of Witwatersrand and a fellow on social and economic inequalities at the London School of Economics. In preparing this book, he was a Fulbright scholar at Columbia University and Harvard Law School. He holds a PhD in international investment law. Some sections of this book were adapted from his doctorate.

About the Series

Routledge Research in International Economic Law

The growing integration of the world economy and resulting increases in cross-border economic exchanges has been accompanied by the rapid growth of law and regulation governing these interactions. This series presents cutting-edge research in international economic law, offering fresh perspectives on what is a fast developing field.

The series surveys the key areas of international economic law: international trade law; international investment law; international financial regulation and monetary law; and related aspects of intellectual property law. Linkages with other international legal regimes are explored such as environmental law, human rights, and public health, highlighting areas where tensions may occur between economic liberalisation, sovereignty and other concerns. Books will investigate the theory, policy and practice of international economic law from a broad range of approaches allowing for innovative and scholarly assessments of the international economic legal order.

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Subject Categories

BISAC Subject Codes/Headings:
LAW014010
LAW / Commercial / International Trade
LAW051000
LAW / International