Chapter

Africa and the Rethinking of International Investment Law

Makane Moïse Mbengue and Stefanie Schacherer

in Comparative International Law

Published in print January 2018 | ISBN: 9780190697570
Published online January 2018 | e-ISBN: 9780190697600 | DOI: https://dx.doi.org/10.1093/oso/9780190697570.003.0025
Africa and the Rethinking of International Investment Law

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This chapter seeks to present and to contextualize the Pan-African Investment Code (PAIC) by taking a comparative international law approach. Such approach allows us to assess whether the PAIC is an Africa-specific instrument and whether it is unique today in how it incorporates sustainable development concerns. This is particularly interesting for the ongoing global reform process of international investment law. The chapter is divided into five main sections. Section II provides an overview of international investment agreements concluded by African States. Section III presents the origins of the PAIC. Section IV addresses the important question as to what extent the PAIC incorporates traditional investment standards or breaks with them. Section V explores the most innovative aspects of the PAIC. Section VI examines the PAIC and dispute settlement.

Keywords: international investment agreements; Africa; sustainable development; innovation; reform

Chapter.  10161 words. 

Subjects: Public International Law ; Comparative Law

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