Travelling the National Route: South Africa's Protection of Investment Act 2015

Gazzini, Tarcisio (2018) Travelling the National Route: South Africa's Protection of Investment Act 2015. African Journal of International and Comparative Law, 26 (2). pp. 242-263. ISSN 0954-8890

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    Abstract

    With the 2015 Protection Investment Act, the pendulum of the rights and obligations in the field of foreign investment has swung decisively in favour of the state. Balancing private and public rights and obligations is more than legitimate, as is switching from international treaties to domestic legislation. What is not convincing is the necessity of the drastic reduction of foreign investors’ substantive and procedural rights realised by the Act. It is argued that a better equilibrium could have been achieved by adjusting the existing level of legal protection for foreign investors, either by amending or even renegotiating existing treaties, or by the adoption of domestic legislation properly protecting the interest of foreign investors while preserving the capacity of South Africa to fully exercise its sovereign prerogatives.

    Item Type: Article
    Uncontrolled Keywords: foreign investment,south africa,investment act 2015,investment treaties,expropriation,arbitration
    Faculty \ School: Faculty of Social Sciences > School of Law
    Depositing User: Pure Connector
    Date Deposited: 05 Mar 2018 10:30
    Last Modified: 09 Apr 2019 13:07
    URI: https://ueaeprints.uea.ac.uk/id/eprint/66429
    DOI: 10.3366/ajicl.2018.0230

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