The Relevant Legal Framework: Investment Protection in Conflict Settings

2019 ◽  
Keyword(s):  
Legal Framework ◽  
Investment Protection ◽  
Conflict Settings

International Investment, Political Risk, and Dispute Resolution

2020 ◽  
Author(s):  
Rubins Noah ◽  
Nektarios Papanastasiou Thomas ◽  
Kinsella N Stephan
Keyword(s):  
Foreign Investment ◽  
Political Risk ◽  
Legal Framework ◽  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Political Risks ◽  
Theoretical Approaches ◽  
Previous Edition ◽  
Risk Insurance

This second edition explores the multi-layered legal framework for the protection of foreign investment against political risk. The chapters analyze some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, State responsibility, treaties protecting foreign investmentand international arbitration between States and investors. Since the previous edition, far more attention has been paid to some of these issues, in particular investor–State arbitration.All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. The book is written to appeal to lawyers and non-lawyers alike. It is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. It is also suitable for students who intend to specialize in international investment law.

scholarly journals Legal analysis of systemic investment protection regulation in the European Union’s financial sector

2018 ◽  
Vol 40 ◽  
pp. 01007
Author(s):  
L. Bocs
Keyword(s):  
European Union ◽  
Regional Differences ◽  
Code Of Conduct ◽  
The United States ◽  
Legal Framework ◽  
Legal Analysis ◽  
The European Union ◽  
Investment Policies ◽  
Investment Protection ◽  
Trade And Investment

After the Treaty of Lisbon the European Union has an exclusive and uniform competence regarding investment agreements within its common commercial policy. Yet the political events in 2016 showed that there are still many regional differences politically and economically, especially after the so-called Brexit and negotiations with the United States of America in relation to transatlantic trade and investment. Therefore, the aim of the research is to determine the legal framework and related problems for unified investment protection within the European Union. Using descriptive, logical and deductive methodology the paper establishes a juristic base consensus for trade and investment policies, concludes that so far those policies have been systemically neglected due to regional differences in economic development and accordingly suggests to unify and protect the common investment policies by using already existing regional judicial mechanisms of member states within a unified code of conduct.

scholarly journals Zukunftsfähiger internationaler Rechtsrahmen für Investitionen in Afrika

2020 ◽  
Vol 23 (1) ◽  
pp. 3-40
Author(s):  
Ludwig Gramlich
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Investment Climate ◽  
Regional Organizations ◽  
New Developments ◽  
Investment Protection ◽  
National Courts ◽  
The One ◽  
Different Levels ◽  
Growing Population

The future of sustainable development in Africa and for its growing population will depend on investments which might come mostly from abroad attracted by a favourable investment climate (or ecosystem). It is rather doubtful that the actual („old“) international legal framework for investment-related and investment-specific measures which does hardly create an adequate balance between the interests of all important public as well as private stakeholders would meet the requirement of today and tomorrow. But any alterations or improvements must start from the present state of things. So, this study looks at the different levels and various instruments dealing with traditional standards of investment and investor protection, e.g. BITs und TIPs, and at the activities of global, regional and sub-regional organizations (in particular EU and OHADA). Moreover, new developments at global and regional levels are discussed including trends showing a somewhat specific African approach to investment issues (“Africanization”). Finally, a very important topic, i.e. the relation between investment protection and human rights (of investors and of other people negatively affected by relevant activities), is described and assessed in more detail. A second part of the analysis will turn to elaborating on dispute settlement and enforcement issues since till today, there seems to be a sharp distinction between Investor-State- Dispute Settlement (ISDS) by way of mediation, conciliation and arbitration on the one hand and judicial redress by national courts (of home, host or third States) on the other.

scholarly journals The Reform of the International Investment Regime: An African Perspective 

2019 ◽  
Vol 34 (2) ◽  
pp. 482-495
Author(s):  
Hamed El-Kady ◽  
Mustaqeem De Gama
Keyword(s):  
Sustainable Development ◽  
Legal Framework ◽  
International Investment ◽  
African Countries ◽  
Investment Policies ◽  
Investment Protection ◽  
Active Approach ◽  
Regional Investment ◽  
Core Elements ◽  
The Right

Abstract The international legal framework for investment in Africa is complex, consisting of a large number of bilateral investment treaties (BITs) and regional investment agreements. This is in addition to a number of non-binding regional investment instruments and models that influence African countries' investment policy directions. Looking at the numbers, African countries have concluded over 860 BITs of which 160 are intra-African treaties. This represents around 28 percent of the BIT universe. For over 50 years African countries have been signing BITs that have core elements developed by third countries. Little attention has been given to the implications of these treaties on African countries’ right and duty to regulate investment in their territories. The result is a web of legally binding and broadly formulated commitments on investment protection. Today, African countries are taking a more active approach in the formulation of their international investment commitments at the national, bilateral and regional levels. Africa is becoming a laboratory for innovative and sustainable development-oriented investment policymaking. While these reform efforts occur in parallel and sometimes overlap with one another, they all converge in their attempt to formulate a new approach to investment policies that aims at safeguarding the right and duty of African countries to regulate and to reflect emerging sustainable development imperatives. The challenge remains in the existing stock of outdated African BITs and in the investor–State dispute system. Tribunals have broadly interpreted BIT commitments in ways that were not foreseen by African countries. The system that was originally developed to foster legal predictability in investment relations between countries has today become a source of legal uncertainty, debate and controversy. So far, African countries have been observing proposals and discussions for the reform of the ISDS system, including through the establishment of a Multilateral Investment Court (MIC) from a distance. They have been allowed to raise concerns, propose ideas and suggestions, but were not included in the original construction of the concepts and structures of any of the proposed solutions.

scholarly journals Ending International Investment Agreements: Russia's Withdrawal from Participation in the Energy Charter Treaty

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 461-466 ◽  
Author(s):  
Tania Voon ◽  
Andrew D. Mitchell
Keyword(s):  
Legal Framework ◽  
International Investment ◽  
Investment Protection ◽  
International Investment Agreements ◽  
Energy Charter Treaty ◽  
Recent Developments ◽  
Investment Treaties ◽  
Process Energy ◽  
Investment Agreements

When states withdraw from bilateral investment treaties or denounce multilateral treaties related to foreign investment, a range of intersecting questions arise in domestic and international law. Recent developments have demonstrated potential incongruities between domestic and international approaches to investment protection, including as regards the effectiveness of withdrawal and the implications for existing investments. This essay reflects on international and domestic disputes involving the withdrawal of the Russian Federation from participation in the Energy Charter Treaty (ECT) to highlight these interactions. These issues have become particularly pertinent today because more than 1,500 international investment agreements (IIAs) are nearing expiry of their initial term, providing an opportunity for termination. Moreover, some states have begun to terminate or denounce investment treaties, while many more are engaging in a process of renegotiation and reform. The Russian case study also highlights the potentially far-reaching effects of a state simply signing a treaty, even many years after the state has expressed its decision to withdraw from it, and notwithstanding tensions with the domestic legal framework.

The Energy Charter Treaty and China: Member or Bystander?

2012 ◽  
pp. 597-617 ◽  
Author(s):  
Sheng Zhang
Keyword(s):  
Economic Development ◽  
Member State ◽  
Potential Risk ◽  
Legal Protection ◽  
Legal Framework ◽  
Energy Investment ◽  
Energy Cooperation ◽  
Investment Protection ◽  
Energy Charter Treaty ◽  
Comprehensive Discussion

The security of energy investment is becoming an increasingly important factor for China’s harmonious economic development. Without a specific agreement concerning the protection and promotion of foreign energy investment between China and other states, to utilize the Energy Charter Treaty would be a better and feasible choice. This study will first present a brief overview of the legal protection of China’s OFDI, followed by an overview of investment protection and promotion under the ECT, and then it assesses the positive implications of China being a member state of the ECT together with the potential risk. A comprehensive discussion illustrates that accession will be a desirable result for China. Finally, it goes further to proclaim that an Asia-Europe Energy cooperation legal framework will be on its way provided that China enters into the ECT.

A Critical Analysis of the Protection of Investment Act 22 Of 2015

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Lindelwa Beaulender Mhlongo
Keyword(s):  
South Africa ◽  
Foreign Investment ◽  
Critical Analysis ◽  
Legal Framework ◽  
Bilateral Investment Treaties ◽  
Current Form ◽  
Foreign Investors ◽  
Investment Protection ◽  
Investment Treaties

In 2010, South Africa reviewed its foreign investment legal framework and during this process, it terminated most of its bilateral investment treaties. For a period, there was no piece of legislation that dealt with the regulation of investment in South Africa and investors had to comply with commercial laws. To solve this problem, South Africa introduced the Investment Act in 2015 aimed at regulating both domestic and foreign investment within its territory. In light of the above, the questions central to the article are whether the Investment Act in its current form balances the rights and obligations of foreign investors and that of host states. If not, what can be added or deleted from the Investment Act in order to balance these two competing rights? The article first looks at why South Africa terminated the bilateral investment treaties. It then compares the Investment Act with the SADC FIP to ascertain if the Investment Act is aligned with the sub-regional standard of foreign investment protection. Finally, recommendations are made which include suggested amendments to improve the Investment Act.

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