Africanization and the Reform of International Investment Law

Akinkugbe, Olabisi D.

doi:10.2139/ssrn.3766357

Cited by 3 publications

(2 citation statements)

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“…The concept of “Africanization of IIL” [ 5 ], “africanacity of IIL” [ 17 ], or “continentalization of IIL” refers to the wind of reform that has led the African Union to introduce a continental investment instrument model in Africa (the Draft PAIC). The “Africanization of IIL” is thus viewed as a trend in African investment treaty practice, “a moderate and radical reform” [ 2 ], and a transition of African countries from being “rulers takers” to becoming “rulers makers” [ 6 ]. There is a greater emphasis on its transitional aspect.…”

Section: Literature Review On Hrba To Sustainable Developmentmentioning

confidence: 99%

“…Several scholars have referred to the recent development in African investment treaty practice as the “Africanization of international investment law” [ [2] , [3] , [4] , [5] ]. The “Africanization of IIL” is described as a concept or process emphasizing the innovative initiative at the African level to progress from rule-takers to rule-makers in IIL [ 6 ].…”

Section: Introductionmentioning

confidence: 99%

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The human rights-based approach to sustainable development: Lessons from recent African investment treaty practice

Maïnkade

2023

Heliyon

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Section: Literature Review On Hrba To Sustainable Developmentmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The human rights-based approach to sustainable development: Lessons from recent African investment treaty practice

Maïnkade

2023

Heliyon

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Opening Pandora’s Box: Strict Liability Under Unqualified Extended War Clauses in International Investment Law

Koen

2023

BRICS law journal

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There has been a growing interest in the extent to which international investment law imposes an obligation on the state to compensate for losses arising from an armed conﬂict. This contribution explores the prevalence of war clauses that hold the state liable to pay compensation for war losses without the investor needing to prove fault. The contribution considers a recent case against Syria in which an investor was permitted to rely on such a war clause in another treaty through the most favoured nation (MFN) clause. The contribution ﬁnds that MFN clauses substantially increase the number of investors who can rely on unqualiﬁed extended war clauses. It considers unqualiﬁed extended war clauses and the extent to which other investors can rely on them through an MFN clause in Cameroon, Syria and Yemen. It then considers the role that the BRICS countries can play in bringing about the necessary reforms to unqualiﬁed extended war clauses. It argues that these reforms are urgently needed as these states emerging from armed conﬂict can scarcely aﬀord to meet their people’s most essential developmental needs, let alone virtually unlimited liability to foreign investors.

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African Economic Integration Initiatives and the Challenge of Responsible Business Conducts: Analysis of Corporate Social Responsibility Provisions in African Regional Trade and Investment Agreements

Azapmo

2023

interventionseconomiques

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Africanization and the Reform of International Investment Law

Cited by 3 publications

References 1 publication

The human rights-based approach to sustainable development: Lessons from recent African investment treaty practice

The human rights-based approach to sustainable development: Lessons from recent African investment treaty practice

Opening Pandora’s Box: Strict Liability Under Unqualified Extended War Clauses in International Investment Law

African Economic Integration Initiatives and the Challenge of Responsible Business Conducts: Analysis of Corporate Social Responsibility Provisions in African Regional Trade and Investment Agreements

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