From Protection to Facilitation Agreements: Contributions of The Pan-African Investment Code, the Brazilian Model, and the New Regional and Multilateral Foreign Investments Agreements
Article from: TDM 2 (2023), in Africa
International investment law is historically built to protect foreign investments against the domestic measures of host states. Since the post- WW2 era, protective mechanisms have been traditionally embedded in bilateral investment treaties (BITs). However, contemporary discussion about the international investment system revolves around the necessity to apply more balanced rules between investors and states, bringing new models of regional and bilateral agreements on investments, encompassing broader provisions to protect the public interest and recognising the unequal structures of ...