In 2015, the Heads of State and Government of COMESA, the EAC and SADC agreed to establish the Tripartite Free Trade Area (TFTA) extending from Cape to Cairo, encompassing all twenty-six members of the three groupings. While the TFTA negotiations are ongoing, it is necessary that member states...

Situations in which the respondent in international arbitral proceedings is declared insolvent in its jurisdiction of incorporation while the arbitration is still pending are not uncommon. They raise a number of choice of law issues both in terms of substantive and procedural law. While the...

Following World War II, the international community crafted a new worldview. Driven by a philosophy of transnationalism, States designed a modern framework for international relations. They collectively agreed to no longer tolerate unilateral tactics, such as coercion, sanctions, or sheer force,...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

In this paper we assess the quality and coherence of the use of economics in dispute settlement in two fields of international economic law: international trade and international investment law. We argue that four economic concepts are frequently used and/or of critical importance for both...

This study aims to provide an overview of the patterns of breaches of the requirement for fair and equitable treatment of foreign investments and investors which arbitral case law has qualified as being made in bad faith. The study attempts to argue that bad faith acts of States comprise an...

The ability of foreign investors to choose international arbitration as a dispute resolution mechanism can create significant problems. Lack of coherence and discrimination regarding regulation can arise from the resolution of substantive issues, whereas concerns about transparency and fairness...

The text is devoted to the issues of international law and the role of investment to international organizations such as the WTO, the OECD and the IMF. Author discusses the issues remedies available to investors and methods of investment dispute resolution, e.g. claims for damages that can be...