Bilateral Investment Treaty

First Impressions on the First Negotiations for the First-Ever EU Sustainable Investment Facilitation Agreement

When the EU and Angola announced the first round of the first-ever ‘Sustainable Investment Facilitation Agreement’, development experts must have asked themselves, like I did, which aspect of this Agreement will induce many foreign firms to plough their capital into the resource-rich Southwestern African nation.

Consultancy: Africa Trade and Development Expert

We are inviting applications for a trade and development expert to work with us remotely to help collate and present this information, both in written form and online. The expert should have strong experience of working with data and information in the past, especially from trade portals and using HS codes – so that they can hit the ground running.

Hegemony in Investor State Dispute Settlement: How African States Need to Approach Reforms – A Response

In the opinion of this contribution, African States must be more radical in their approach to investment treaty and ISDS reforms. First, they must retain the role of domestic courts in the resolution of investment disputes in line with their national constitutions. Second, where the case for an international dispute settlement mechanism is made, they must consider a state-state trade and investment dispute settlement bodies at the regional and continental levels for all transnational business disputes. Appeals from domestic courts could lie before regional appellate bodies and from a regional appellate to a continental dispute settlement body. This should provide assurance to investors and other business entities that their disputes can and must be resolved within the African continent.

State Responsibility for COVID-19 Regulatory Measures under International Economic Law

Investors have shown time and time again that they will not hesitate to challenge regulatory measures not matter what a states’ underlying intent is. Only when the COVID-19 dust has settled will it be known which states had robust, well-crafted COVID-19 regulatory measures that can survive investor claims.