Reclaiming African Agency: the Right to Regulate, the Investor-State Dispute Settlement and the “Africanisation” of International Investment Law
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Date
2021-05
Authors
Milej, Tomasz
Journal Title
Journal ISSN
Volume Title
Publisher
The Hague: TMC Asser Press
Abstract
The paper explores the idea of “Africanisation” of the International Investment Law based on some recent instruments adopted by African States: The Pan-African Investment Code (PAIC), the Economic Community of West African States Common Investment Code (ECOWIC), the Southern African Development Community Protocol on Finance and Investment (SADC FIP) Annex 1 and the Morocco-Nigeria BIT. Taking the Right to Regulate as a starting point, it traces the historical power imbalances, bias of the existing instruments towards large investors, flaws of the ISDS system and the regulatory chill. Putting the analysed instruments in the perspective of global trends, the paper outlines three dimensions of Africanisation: the reform of the substance of investors’ guarantees, their interpretation and enforcement, and – most importantly – the restoration of African agency.
Description
Reclaiming African Agency: the Right to Regulate, the Investor-State Dispute Settlement and the “Africanisation” of International Investment Law
Keywords
Citation
Milej, T. (2023). Anti-legal? Georges Scelle’s Solidarity, French Sociological School, and the Backlash Against International Investment Law in Africa. In The Principle of Solidarity: International and EU Law Perspectives (pp. 99-128). The Hague: TMC Asser Press