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International Investment Law and Policy in Africa: Exploring a Human Rights based Approach to Investment Regulation and Dispute Settlement studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives.
This book develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, this book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments.
Furthermore, this book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticises investment disputes, promotes the rule of law and offers remedies to investors.
These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, this book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.