International Investment Law and Policy in Africa Exploring a Human Rights Based Approach to Investment Regulation and Dispute Settlement Routledge Research in International Economic Law Series

This book 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. It 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, the 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, the 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, depoliticise investment disputes, promote the rule of law and offer 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, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

1 Introduction

2 The public interst role of investment regulation

3 The rule of law and depoliticisation of investment disputes

4 Developing alternatives to investor–state dispute settlement

5 Promoting sustainable development and human rights through investment treaties

6 Domestic investment regulation and the influenceof regional investment agreements

7 Conclusion and recommendations

Fola Adeleke is a Visiting Senior Researcher at University of Witwatersrand and a fellow on social and economic inequalities at the London School of Economics. In preparing this book, he was a Fulbright scholar at Columbia University and Harvard Law School. He holds a PhD in international investment law. Some sections of this book were adapted from his doctorate.