Contemporary International Investment Law Trends and Africa’s Dilemmas in the Draft Pan-African Investment Code
58 Pages Posted: 30 Aug 2018
Date Written: August 21, 2018
Abstract
The Draft Pan-African Code is deeply informed by Africa’s experience with The Global North and shaped by its frustration. Such frustration, however, seems to have distorted the different realities of the intra-Africa dynamics. The objective of the PAIC is to aid Africa’s integration into a functioning common market. The protectionist approach that the Code adopts could potentially sabotage integration. This article argues that the Code itself is a codification of Africa’s dilemmas, and that the drafters must go back to the drawing board, eliminate the misdirected resentment, and redraft the Code (no matter its eventual form) with the ultimate objective of aiding the harmonization of rules and the creation of the African common market in mind.
Keywords: International Investment Law, African Investment Treaties, Investment Arbitration, African Investment Code, History of Investment Law, ICSID and Africa
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