Revisiting Bilateral Investment Treaties in the 21st Century. A Kenyan and South African Experience

Revisiting Bilateral Investment Treaties in the 21st Century. A Kenyan and South African Experience PDF Author: Sharon Mutsau
Publisher: Anchor Academic Publishing
ISBN: 3960671695
Category : Law
Languages : en
Pages : 105

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Book Description
Bilateral investment treaties (BITs) signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or have either resorted to eradicating some of their BITs. In particular, developing countries that signed BITs with developed nations seem to be disproportionately disadvantaged in these agreements. This research highlights Kenya’s current BIT situation and compares it in light of another developing country, South Africa, with regards to its BIT experience. Given that South Africa has undergone an extensive BIT review process and moves to change some of these BITs, this study compares and contrasts the Kenyan and South African experience. The study highlights the possible lessons that could be learnt from the South African BIT review experience and provides recommendations for the Kenyan government regarding its outdated BITs. The lessons and recommendations benefit not only Kenya but also other countries that are still to review their BITs as it adds to the literature on why it is important for countries with such BITs to revisit them and how they can go about the review mechanism best. In addition, the study is also significant as far as it raises awareness of the use and effects of BITs, thereby enabling countries that enter into such agreements to make informed decisions.

Revisiting Bilateral Investment Treaties in the 21st Century. A Kenyan and South African Experience

Revisiting Bilateral Investment Treaties in the 21st Century. A Kenyan and South African Experience PDF Author: Sharon Mutsau
Publisher: Anchor Academic Publishing
ISBN: 3960671695
Category : Law
Languages : en
Pages : 105

Get Book Here

Book Description
Bilateral investment treaties (BITs) signed prior to the 21st century are problematic. Some countries with BITs signed during this period have since reviewed those BITs and taken action to address the disadvantages the BITs held for the host nation or have either resorted to eradicating some of their BITs. In particular, developing countries that signed BITs with developed nations seem to be disproportionately disadvantaged in these agreements. This research highlights Kenya’s current BIT situation and compares it in light of another developing country, South Africa, with regards to its BIT experience. Given that South Africa has undergone an extensive BIT review process and moves to change some of these BITs, this study compares and contrasts the Kenyan and South African experience. The study highlights the possible lessons that could be learnt from the South African BIT review experience and provides recommendations for the Kenyan government regarding its outdated BITs. The lessons and recommendations benefit not only Kenya but also other countries that are still to review their BITs as it adds to the literature on why it is important for countries with such BITs to revisit them and how they can go about the review mechanism best. In addition, the study is also significant as far as it raises awareness of the use and effects of BITs, thereby enabling countries that enter into such agreements to make informed decisions.

Hostile Business and the Sovereign State

Hostile Business and the Sovereign State PDF Author: Michael J. Strauss
Publisher: Routledge
ISBN: 1351585363
Category : Business & Economics
Languages : en
Pages : 190

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Book Description
This book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.

Law & Investment in Africa

Law & Investment in Africa PDF Author: Tinahse Kondo
Publisher: African Sun Media
ISBN: 1990995020
Category : Business & Economics
Languages : en
Pages : 291

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Book Description
Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.

The Origins of International Investment Law

The Origins of International Investment Law PDF Author: Kate Miles
Publisher: Cambridge University Press
ISBN: 1107039398
Category : Law
Languages : en
Pages : 499

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Book Description
An examination of the origins of international investment law and their continued resonance in the twenty-first century.

Special Economic Zones in Africa

Special Economic Zones in Africa PDF Author: Thomas Farole
Publisher: World Bank Publications
ISBN: 0821386395
Category : Business & Economics
Languages : en
Pages : 328

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Book Description
"This book, designed for policymakers, academics and researchers, and SEZ program practitioners, provides the first systematic and comprehensive analysis of SEZ programs in Sub-Saharan Africa. It is the result of detailed surveys and case studies conducted during 2009 in ten developing countries, including six in Sub-Saharan Africa. The book provides quantitative evidence of the performance of SEZs, and of the factors which contribute to that performance, highlighting the critical importance not just of the SEZ itself but of the wider national investment climate in which it functions. It also provides a comprehensive guide to the key policy questions that confront governments establishing SEZ programs, including: if and when to launch an SEZ program, what form of SEZ is most appropriate, and how to go about implementing it. Among the most important findings from the study that is stressed in the book is the shift from traditional enclave models of zones to SEZs that are integrated ? with national trade and industrial strategies, with core trade and social infrastructure, with domestic suppliers, and with local labor markets.Although the book focuses primarily on the experience of Sub-Saharan Africa, its lessons will be applicable to developing countries around the world."

The Politics of Trade and Industrial Policy in Africa

The Politics of Trade and Industrial Policy in Africa PDF Author: Charles Chukwuma Soludo
Publisher: IDRC
ISBN: 1592211658
Category : Africa
Languages : en
Pages : 376

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Book Description
This book maps the process and political economy of policy making in Africa. It's focus on trade and industrial policy makes it unique and it will appeal to students and academics in economics, political economy, political science and African studies. Detailed case studies help the reader to understand how the process and motivation behind policy decisions can vary from country to country depending on the form of government, ethnicity and nationality and other social factors.

The Rise of China and India in Africa

The Rise of China and India in Africa PDF Author: Fantu Cheru
Publisher: Zed Books Ltd.
ISBN: 184813827X
Category : Political Science
Languages : en
Pages : 300

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Book Description
In recent years, China and India have become the most important economic partners of Africa and their footprints are growing by leaps and bounds, transforming Africa's international relations in a dramatic way. Although the overall impact of China and India's engagement in Africa has been positive in the short-term, partly as a result of higher returns from commodity exports fuelled by excessive demands from both countries, little research exists on the actual impact of China and India's growing involvement on Africa's economic transformation. This book examines in detail the opportunities and challenges posed by the increasing presence of China and India in Africa, and proposes critical interventions that African governments must undertake in order to negotiate with China and India from a stronger and more informed platform.

Yes, Africa Can

Yes, Africa Can PDF Author: Punam Chuhan-Pole
Publisher: World Bank Publications
ISBN: 0821387456
Category : Business & Economics
Languages : en
Pages : 497

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Book Description
Takes an in-depth look at twenty-six economic and social development successes in Sub-Saharan African countries, and addresses how these countries have overcome major developmental challenges.

Assessing Aid

Assessing Aid PDF Author:
Publisher: World Bank Publications
ISBN: 9780195211238
Category : Political Science
Languages : en
Pages : 164

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Book Description
Assessing Aid determines that the effectiveness of aid is not decided by the amount received but rather the institutional and policy environment into which it is accepted. It examines how development assistance can be more effective at reducing global poverty and gives five mainrecommendations for making aid more effective: targeting financial aid to poor countries with good policies and strong economic management; providing policy-based aid to demonstrated reformers; using simpler instruments to transfer resources to countries with sound management; focusing projects oncreating and transmitting knowledge and capacity; and rethinking the internal incentives of aid agencies.

Agricultural Land Redistribution

Agricultural Land Redistribution PDF Author: Hans P. Binswanger-Mkhize
Publisher: World Bank Publications
ISBN: 0821379623
Category : Political Science
Languages : en
Pages : 494

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Book Description
Despite 250 years of land reform all over the World, important land inequalities remain, especially in Latin America and Southern Africa.While in these countries, there is near consensus on the need for redistribution, much controversy persists around how to redistribute land peacefully and legally, often blocking progress on implementation.This book focuses on the "how" of land redistribution in order to forge greater consensus among land reform practitioners and enable them to make better choices on the mechanisms of land reform. Reviews and case studies describe and analyze the al.