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Africa's International Investment Law Regimes

Africa's International Investment Law Regimes

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780197745571
  • 出版时间 January 2024
  • 规格: Hardback
  • 适应领域: India ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,263.13

¥1,225.23 Save ¥37.89 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Over the last six decades, Africa has attracted less than 4% of global foreign direct investment, and yet is party to nearly a quarter of the world's investment cases under the International Centre for Settlement of Investment Disputes (ICSID). The African states' support was indispensable for the creation of the ICSID, but once it began its adjudicative function it became a source of dread for Africans. Since the beginning of the new millennium, however, Africa has embarked on innovative reform efforts and questioned the shortcomings of international investment law.

    Africa's International Investment Law Regimes offers a qualitative study of more than 30 cases ranging from the 1970s to present and methodically appraises Africa's investment treaty activity. In these examinations, Won L. Kidane assesses whether the adopted and proposed continental, regional, and bilateral reform efforts are indeed responsive to the actual deficiencies of the existing regime.

    This book is unique in its thorough treatment of African ICSID cases. Kidane's conclusions illuminate a lack of evidence in claims of institutional bias but address the reckoning African states have undergone to become full participants in the process with proper representation. Africa's International Investments Law Regimes is an essential read for academics, practitioners, policy makers, and international stakeholders alike as these cases and reformed treaties have and will continue to shape the jurisprudence of the ICSID, the nature of international investment law, and ISDS in general.

  • PART I. HISTORICAL AND CONCEPTUAL BACKGROUND
    1:Historical and Conceptual Background, Analytical Framework, Scope of Coverage, and Sequence
    2:Africa and the Normative Development of International Investment Law
    3:International Investment Jurisprudence and Africa: A Historical Background and Case Analysis Framework

    PART II. THE ANATOMY OF AFRICA'S ICSID CASES: THE DEVELOPMENT OF PROCEDURAL AND SUBSTANTIVE NORMS
    4:Procedural History and the Evolution of the African State's Participation in Investment Arbitral Proceedings
    5:The Post- 2010 Modern Cases
    6:Decision- Makers and Representation
    7:Jurisdiction and the Meaning of Investment
    8:Post- 2010 Contemporary Jurisdictional Matters
    9:Determination of Facts
    10:Determination of Facts in the Modern Post- 2010 Cases
    11:Duration of the Proceedings

    PART III. THE DEVELOPMENT OF SUBSTANTIVE PRINCIPLES, NORMS, AND RULES
    12:Expropriation
    13:Development of Expropriation Rules in the Post- 2010 Period
    14:The Umbrella Clause as a Concept of International Investment Law in the African Cases
    15:Fair and Equitable Treatment, Full Protection and Security, and Nondiscrimination
    16:Fair and Equitable Treatment and Nondiscrimination Principles in the Post- 2010 Cases
    17:Choice of Law: The Concurrent Application of Host State Laws and Principles of International Law
    18:Damages
    19:Allocation of Costs and Interests

    PART IV. AFRICA'S REGIONAL INVESTMENT LAW REGIMES
    20:The Eight African Regional Economic Communities in Context
    21:The Common Market for Eastern and Southern Africa
    22:The Economic Community for West African States
    23:The Southern Africa Development Community

    PART V. AFRICA'S BILATERAL INVESTMENT LAW REGIME
    24:Africa's BITs with Its Traditional Partners of the West
    25:Africa's BITs with Its Eastern Partners
    26:Intra- Africa BITs

    PART VI. THE FUTURE OF AFRICA'S INTERNATIONAL INVESTMENT LAW REGIMES
    27:The Pan- African Investment Code as a Bridge to AfCFTA Investment Protocol
    28:Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment
    29:Summary of Conclusions

    Bibliography
    List of Treaties
    List of Annexes

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