Won L. Kidane

Africa's International Investment Law Regimes (eBook, PDF)

• Format: PDF

Produktbeschreibung

Over the last six decades, Africa has attracted less than 4% of global foreign direct investment, and yet is party to nearly a quarter of the world's investment cases under the International Centre for Settlement of Investment Disputes (ICSID). The African states' support was indispensable for the creation of the ICSID, but once it began its adjudicative function it became a source of dread for Africans. Since the beginning of the new millennium, however, Africa has embarked on innovative reform efforts and questioned the shortcomings of international investment law. Africa's International Investment Law Regimes offers a qualitative study of more than 30 cases ranging from the 1970s to present and methodically appraises Africa's investment treaty activity. In these examinations, Won L. Kidane assesses whether the adopted and proposed continental, regional, and bilateral reform efforts are indeed responsive to the actual deficiencies of the existing regime. This book is unique in its thorough treatment of African ICSID cases. Kidane's conclusions illuminate a lack of evidence in claims of institutional bias but address the reckoning African states have undergone to become full participants in the process with proper representation. Africa's International Investments Law Regimes is an essential read for academics, practitioners, policy makers, and international stakeholders alike as these cases and reformed treaties have and will continue to shape the jurisprudence of the ICSID, the nature of international investment law, and ISDS in general.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 3. November 2023
• Englisch
• ISBN-13: 9780197745588
• Artikelnr.: 69175135

Autorenporträt

Professor Won L. Kidane is a Fulbright scholar and professor of law at Villanova University. He is the author and co-author of four other books and more than 40 law review articles and book chapters. Prior to his position at Villanova University, he taught at Seattle University for 15 years and at Penn State Law for three years. He has also practiced law with DLA Piper and Hunton and Williams in Washington D.C. Kidane has represented African states and their instrumentalities and enterprises in investor-state, state-to-state, and commercial arbitration for more than 20 years. He holds a SJD from Georgetown, a JD from the University of Illinois College of Law Urbana-Champaign, an LLM from the University of Georgia and an LLB from Addis Ababa University. He is a member of the bars of District of Columbia, Illinois, and Washington state.

Inhaltsangabe

* PART I HISTORICAL AND CONCEPTUAL BACKGROUND
* 1: Historical and Conceptual Background, Analytical Framework, Scope
of Coverage, and Sequence
* 2: Africa and the Normative Development of International Investment
Law
* 3: International Investment Jurisprudence and Africa: A Historical
Background and Case Analysis Framework
* PART II THE ANATOMY OF AFRICA'S ICSID CASES: THE DEVELOPMENT OF
PROCEDURAL AND SUBSTANTIVE NORMS
* 4: Procedural History and the Evolution of the African State's
Participation in Investment Arbitral Proceedings
* 5: The Post- 2010 Modern Cases
* 6: Decision- Makers and Representation
* 7: Jurisdiction and the Meaning of Investment
* 8: Post- 2010 Contemporary Jurisdictional Matters
* 9: Determination of Facts
* 10: Determination of Facts in the Modern Post- 2010 Cases
* 11: Duration of the Proceedings
* PART III THE DEVELOPMENT OF SUBSTANTIVE PRINCIPLES, NORMS, AND RULES
* 12: Expropriation
* 13: Development of Expropriation Rules in the Post- 2010 Period
* 14: The Umbrella Clause as a Concept of International Investment Law
in the African Cases
* 15: Fair and Equitable Treatment, Full Protection and Security, and
Nondiscrimination
* 16: Fair and Equitable Treatment and Nondiscrimination Principles in
the Post- 2010 Cases
* 17: Choice of Law: The Concurrent Application of Host State Laws and
Principles of International Law
* 18: Damages
* 19: Allocation of Costs and Interests
* PART IV AFRICA'S REGIONAL INVESTMENT LAW REGIMES
* 20: The Eight African Regional Economic Communities in Context
* 21: The Common Market for Eastern and Southern Africa
* 22: The Economic Community for West African States
* 23: The Southern Africa Development Community
* PART V AFRICA'S BILATERAL INVESTMENT LAW REGIME
* 24: Africa's BITs with Its Traditional Partners of the West
* 25: Africa's BITs with Its Eastern Partners
* 26: Intra- Africa BITs
* PART VI THE FUTURE OF AFRICA'S INTERNATIONAL INVESTMENT LAW REGIMES
* 27: The Pan- African Investment Code as a Bridge to AfCFTA Investment
Protocol
* 28: Protocol to the Agreement Establishing the African Continental
Free Trade Area on Investment
* 29: Summary of Conclusions
* Bibliography
* List of Treaties
* List of Annexes