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Regulatory autonomy inheres in state sovereignty. Legally, it arises out of states' primary duties to regulate in the public interest which are sourced from national constitutions and general international law. Accordingly, states commonly invoke national constitutions and general international law in defence of measures challenged in investor-state arbitration. The capacity of states to make treaties is equally founded on these legal norms which are necessary for the coming into existence, legal status and juridical consequences of a treaty. The premise of this book, then, is that an analysis of investment treaties and states' right to regulate must start with the legal and normative limits to states' capacity to conclude investment treaties. Thus, based on a constitutional-general international law imperatives analysis, this book develops the imperatives theory as a legal and principled framework for explaining the intersection of investment treaties and regulatory autonomy, and the legal status of investment treaties and investor-state arbitration in Africa. It addresses, and answers affirmatively, the a priori question of whether fundamental constitutional and general international law obligations of African states towards citizens place limitations on their competence to conclude investment treaties. It makes a case for the public interest to be prioritised in Africa's participation in international investment rule-making and for investment treaties to be concluded subject to states' public interest obligations. This book, a form of resistance towards the investment treaty regime, presents revolutionary perspectives on the necessity, making and reform of investment treaties and investor-state arbitration in Africa with global implications and significance.
Africa, Cameroon --- Egypt, Ghana --- Commercial treaties. --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce)
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Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. 0This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests.0Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of0host states and investors when it comes to investment protection in armed conflicts.
Investments, Foreign --- Law and legislation. --- War --- Commercial treaties. --- Economic aspects. --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Economics of war --- War, Cost of
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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Investments, Foreign --- International business enterprises --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Corporation law --- Law and legislation --- E-books
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