Recent Developments in the Regulation of Investor-State Dispute Resolution:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Recent Developments in the Regulation of Investor-State Dispute Resolution: "
Lawrence Ngobeni, Babatunde Fagbayibo

Document Type	:	AL
Record Number	:	1064416
Doc. No	:	LA108045
Call No	:	‭10.1163/17087384-12340021‬
Language of Document	:	English
Main Entry	:	Babatunde Fagbayibo
	:	Lawrence Ngobeni
Title & Author	:	Recent Developments in the Regulation of Investor-State Dispute Resolution: [Article] : Any Lessons for the Southern African Development Community?\ Lawrence Ngobeni, Babatunde Fagbayibo
Publication Statement	:	Leiden: Brill \| Nijhoff
Title of Periodical	:	African Journal of Legal Studies
Date	:	2017
Volume/ Issue Number	:	10/2-3
Page No	:	180–204
Abstract	:	In 2016, the Southern African Development Community (SADC) amended Annex 1 of the SADC Protocol on Finance and Investment (FIP) in order to remove investor access to international arbitration or Investor-State Dispute Resolution (ISDS). The recent formation of the African Continental Free Trade Area (AfCFTA) and the COMESA-EAC-SADC Tripartite Free Trade Agreement (T-FTA) are factors that will likely curtail SADC’s ability to regulate foreign investments. Both AfCFTA and T-FTA are supposed to have their own investment protocols. This means that SADC faces the loss of regulatory authority over foreign investments. The recent formation of the Pan African Investment Code (PAIC) has shown that some African Union (AU) Member States want to provide ISDS for their investors, while others including SADC Members States do not. This article intends to evaluate the lessons SADC can learn from other jurisdictions in terms of the effective regulation of ISDS. In 2016, the Southern African Development Community (SADC) amended Annex 1 of the SADC Protocol on Finance and Investment (FIP) in order to remove investor access to international arbitration or Investor-State Dispute Resolution (ISDS). The recent formation of the African Continental Free Trade Area (AfCFTA) and the COMESA-EAC-SADC Tripartite Free Trade Agreement (T-FTA) are factors that will likely curtail SADC’s ability to regulate foreign investments. Both AfCFTA and T-FTA are supposed to have their own investment protocols. This means that SADC faces the loss of regulatory authority over foreign investments. The recent formation of the Pan African Investment Code (PAIC) has shown that some African Union (AU) Member States want to provide ISDS for their investors, while others including SADC Members States do not. This article intends to evaluate the lessons SADC can learn from other jurisdictions in terms of the effective regulation of ISDS.
Descriptor	:	AfCFTA
Descriptor	:	Brazil ACFI
Descriptor	:	EU Investment Court System
Descriptor	:	India Model BIT 2015
Descriptor	:	International Law: General Interest
Descriptor	:	ISDS
Descriptor	:	SADC FIP
Descriptor	:	T-FTA
Location & Call number	:	‭10.1163/17087384-12340021‬