Full Description
This book offers contemporary assessment of the challenges facing international investment law and proposes innovative solutions for reform.
The most controversial issue in international investment law is on the settlement of investor-state disputes and its implications on national regulatory autonomy. This book recognises that current literature in international investment law fails to adequately incorporate diverse perspectives. Therefore, it interrogates the United Nations Sustainable Development Goals and their relationship with international investment policies of developing countries, particularly in Africa where there has been a marked increase in investor-state disputes. Despite existing reform proposals by the UNCITRAL Working Group III, and emerging progressive treaty drafting practices around the world, there remains a need for further clarity on how the world should proceed in reforming and restructuring international investment law and policy. This book contributes to existing body of research knowledge by presenting new evidence and proposing practical solutions to enhancing the regulation of international investments and promotion of sustainable development.
It will inform a range of stakeholders including investors, civil society organisations, States, students, and international organisations such as the World Bank.
Contents
Foreword
1. ICSID's 2022 Rule Amendments and the Fight for Market Share
2. Third-Party Funding in International Investment Arbitration in Africa: The Need for Better Regulation and Transparency
3. Just Energy Transition in Africa and the Role of Foreign Direct Investment in the Transfer of Stranded Assets and Technologies: A TWAIL Cautionary Perspective
4. The Role of International Investment Agreements in supporting Sustainable development
5. Environmental Protection, Climate Change, and International Investment Agreements: How to Balance Business Promotion and Communities Interest
6. Domesticating AfCFTA Dispute Settlement through Reciprocity
7. Insolvency Law Harmonisation: Pre-Packs, Employees, and the Spirit of EU Law
8. Navigating the Republic of South Sudan's Investment Laws and Policies: Is There Need for Reform?
9. The Green Transition and Uganda's Investment Policy
10. The Use of Fintech in Commercial Transactions and its Legal Implications for International Investment Protection in Africa
11. Progressive Reform of African States' Investor-State Dispute Settlement policy: A Proposal for a Pan-African Investment Court
