The New Developments in International Investment Law: A Need for Multilateral Investment Treaty?

43 Pages Posted: 1 May 2019

See all articles by Malebakeng Forere

Malebakeng Forere

University of the Witwatersrand - School of Law

Date Written: November 27, 2018

Abstract

This work contributes to the global discussion on the desirability of the multilateral investment treaty to ensure coherence in the way foreign investment is protected across the globe. The paper argues that whereas the international community is not ready yet to adopt multilateral rules on investment liberalisation, the time is ripe for multilateral rules on the standards of protection backed up by a multilateral court with a two-tier system. Most importantly, this contribution provides a template for the content of the standards of protection, having observed the new approaches to the traditional standards of protection typically enshrined in the bilateral investment treaties.

Keywords: national laws, bilateral investment treaties, multilateral investment treaty, standards of protection

Suggested Citation

Forere, Malebakeng, The New Developments in International Investment Law: A Need for Multilateral Investment Treaty? (November 27, 2018). Potchefstroom Electronic Law Journal, Vol. 21, 2018, Available at SSRN: https://ssrn.com/abstract=3379621

Malebakeng Forere (Contact Author)

University of the Witwatersrand - School of Law ( email )

PBag X3, WITS
2050 Johannesburg
South Africa

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