Fair and Equitable Treatment and (Full) Protection and Security in African Investment Treaties: Between Generality and Contextual Specificity
18(1) Journal of World Investment and Trade (2017), 530-555
Grotius Centre Working Paper 2017/063-IEL
25 Pages Posted: 30 Jun 2017
Date Written: June 28, 2017
This article seeks to test whether African investment treaties present a specific approach – i.e. distinct from the North-American and Western Hemisphere – to ‘fair and equitable treatment’ (FET) and ‘(full) protection and security’ (FPS) standard. The first main argument is that the concepts of FET and FPS are not substantially impacted by the mere fact of being included in investment agreements between African States or between African and third States. The article’s second main argument is that notwithstanding the relative absence of any African-specific FET or FPS concepts in BITs, the understanding, interpretation and definitions of these concepts within Africa is not fundamentally different than in other regions. Thirdly, notwithstanding the similarity in the wording of these standards of treatment, they may be of particular relevance to African States, in that these standards of treatment leave room for taking into account the specific circumstances of the States in which the investment is made, including the level of development of the host State.
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