Open Access. Powered by Scholars. Published by Universities.®
Dispute resolution and arbitration; International investment policy; International law; Protection of Investment Act; South Africa; Bilateral investment treaty regime; Investor-state dispute settlement; International investment regime; Investor-state dispute settlement reform; UNCITRAL; Working Group III; Investment; Investment Law; African Investment Law; South African Investment Law; Exit
Articles 1 - 1 of 1
Full-Text Articles in Law
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Will They Stay Or Will They Go? An Examination Of South Africa’S International Invest Arbitration Policy, Taylor Bates
Brooklyn Journal of International Law
In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. …