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The African Continental Free Trade Area Agreement
"This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualized within the prevailing regional economic integrations, the WTO and the peculiarity of AfCFTA. Through legal analysis, bolstered by economic and political dimensions of AfCFTA, the book illustrates the complex interplay of diverse factors that shape AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market acc...
The African Continental Free Trade Area Agreement
This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access...
Theory of Obligations in International Law
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory ...
International Investment Law Reform
This book offers contemporary assessment of the challenges facing international investment law and proposes innovative solutions for reform. The most controversial issue in international investment law is on the settlement of investor-state disputes and its implications on national regulatory autonomy. This book recognises that current literature in international investment law fails to adequately incorporate diverse perspectives. Therefore, it interrogates the United Nations Sustainable Development Goals and their relationship with international investment policies of developing countries, particularly in Africa where there has been a marked increase in investor-state disputes. Despite exis...
Research Handbook on Foreign Direct Investment
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Time for the Appeal Tribunal in Investment
This Thesis presents a proposal for building an effective, legitimate, and transparent judicial system in the investor-state dispute settlement through an appellate review mechanism for the awards of ad hoc arbitral tribunals. Current investment dispute settlement system includes the arbitration facilities provided by institutions such as ICSID and ad hoc arbitration tribunals agreed by the disputing parties. This Thesis argues that this scheme of investment arbitration lacks the mechanisms for correcting the legal errors and securing the consistency between arbitral awards for the similar issues of investment law. As a comparable mechanism, the WTO Dispute Settlement Mechanism is examined t...
Global Environmental Change and Innovation in International Law
Explores normative and institutional innovation in international law as a response to the challenges to global order posed by rapid environmental change.
The Sustainable Development Goals in International Law and Policy
This book introduces the reader to the Sustainable Development Goals (SDGs) in an accessible and concise way, examining sustainable development from an international law and policy perspective. The SDGs seek to stimulate social, economic and environmental action to achieve peace and prosperity for all people and the planet. The book examines the SDGs in an approachable and engaging way, situating the goals in the broader context of international law and policy efforts to achieve sustainable development. Beginning by exploring the background to the SDGs, the book includes the historical, politico-legal and developmental context, their broad scope, and how they are enabled, measured and tracked. It then discusses the SDGs thematically, explaining how they are underpinned by and contribute to international law and policy, as well as exploring the interlinkages between the goals and targets. Finishing with a future-focused perspective, the book suggests opportunities and initiatives which can advance the SDGs. The book will be of interest to researchers and practitioners in the field of international law, environmental studies and sustainable development.
African perspectives in international investment law
The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the inte...
Shareholder Primacy and Global Business
In the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and t...
