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Comparative International Law$
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Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

Print publication date: 2018

Print ISBN-13: 9780190697570

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190697570.001.0001

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Africa and the Rethinking of International Investment Law

Africa and the Rethinking of International Investment Law

About the Elaboration of the Pan-African Investment Code

Chapter:
(p.547) 25 Africa and the Rethinking of International Investment Law
Source:
Comparative International Law
Author(s):

Makane Moïse Mbengue

Stefanie Schacherer

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190697570.003.0025

This chapter seeks to present and to contextualize the Pan-African Investment Code (PAIC) by taking a comparative international law approach. Such approach allows us to assess whether the PAIC is an Africa-specific instrument and whether it is unique today in how it incorporates sustainable development concerns. This is particularly interesting for the ongoing global reform process of international investment law. The chapter is divided into five main sections. Section II provides an overview of international investment agreements concluded by African States. Section III presents the origins of the PAIC. Section IV addresses the important question as to what extent the PAIC incorporates traditional investment standards or breaks with them. Section V explores the most innovative aspects of the PAIC. Section VI examines the PAIC and dispute settlement.

Keywords:   international investment agreements, Africa, sustainable development, innovation, reform

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