Evolution of International Investment Agreements in Africa: Features and Challenges of Investment Law “Africanization”

• Autores: Makane Moïse Mbengue, Stefanie Schacherer
• Localización: Handbook of International Investment Law and Policy / Julien Chaisse (aut.), Leïla Choukroune (aut.), Sufian Jusoh (aut.), 2021, ISBN 9811336148, págs. 2597-2618
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African States or concluded by RECs. When looking at extra-African IIAs, it becomes apparent that African States and RECs were not yet fully successful in transposing their new models to non-African negotiating partners as the outcome of most negotiations highlights that African States, in the end, give in to the model treaty of their respective partner countries. The objective of this contribution is to present African IIAs in a straightforward manner seeking to allow the reader to gain a systemic overview of African IIAs and other African investment instruments (e.g., model IIAs).