Africa's International Investment Law Regimes

by Kidane, Won L.

• ISBN13: 9780197745571
• ISBN10: 0197745571
• Format: Hardcover
• Copyright: 2023-11-17
• Publisher: Oxford University Press

Summary

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.

Author Biography

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.

Table of Contents

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