High Expectations as the African Continental Free Trade Area (AFCFTA) Agreement Enters into Force

2019 ◽  
Author(s):  
Faustin Ntezilyayo
Keyword(s):  
Free Trade ◽  
Free Trade Area ◽  
High Expectations ◽  
Trade Area

Recent Developments in the Regulation of Investor-State Dispute Resolution: Any Lessons for the Southern African Development Community?

2017 ◽  
Vol 10 (2-3) ◽  
pp. 180-204
Author(s):  
Lawrence Ngobeni ◽  
Babatunde Fagbayibo
Keyword(s):  
Dispute Resolution ◽  
Free Trade ◽  
Free Trade Area ◽  
Trade Agreement ◽  
Southern African Development Community ◽  
African Union ◽  
Foreign Investments ◽  
African Development ◽  
Trade Area ◽  
Recent Developments

Abstract In 2016, the Southern African Development Community (SADC) amended Annex 1 of the SADC Protocol on Finance and Investment (FIP) in order to remove investor access to international arbitration or Investor-State Dispute Resolution (ISDS). The recent formation of the African Continental Free Trade Area (AfCFTA) and the COMESA-EAC-SADC Tripartite Free Trade Agreement (T-FTA) are factors that will likely curtail SADC’s ability to regulate foreign investments. Both AfCFTA and T-FTA are supposed to have their own investment protocols. This means that SADC faces the loss of regulatory authority over foreign investments. The recent formation of the Pan African Investment Code (PAIC) has shown that some African Union (AU) Member States want to provide ISDS for their investors, while others including SADC Members States do not. This article intends to evaluate the lessons SADC can learn from other jurisdictions in terms of the effective regulation of ISDS.

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