Regional Model Bit’s : A New Down For the Developing Countries
Abstract
Foreign direct investment (FDI) plays a crucial role in the economic sector, particularly in developing countries. BIT lays down instrumental principles which help to protect investors’ establishments in host states, by inter alia encouraging prompt compensation in case of expropriation. Governments need FDIs to gear up their economic growth, advance technology, and scale down unemployment. Most scholarly writings are in favor that BIT is a necessary tool for promoting FDIs, however this study takes a different approach and categorically unveils the draw backs of BIT in developing countries by highlighting some of the contentious provisions that have sparked unprecedented legal, economic, sociopolitical and diplomatic strife between the host countries, investors and investors’ home countries. Therefore, the author proposes development for regional Model BITs that would go in line with national laws to curtail the persisting sovereignty and socio-economic challenges.
References
Brower, C. N., & Tepe, J. B. (1975). The Charter of Economic Rights and Duties of States: A Reflection or Rejection of International Law? The International Lawyer, 295–318.
Chidede, T. (2019). South Africa’s Submission on UNCITRAL ISDS Reforms: Comments and Implications.
Deshpande, A. (2011). Capital without borders: challenges to development. Anthem Press.
Ethics., T. B. (2018). Acacia Mining – Tanzania Business Ethics.
Grain. (2017). Investment.
Guzman, A. T. (1997). Why LDCs sign treaties that hurt them: Explaining the popularity of bilateral investment treaties. Va. j. Int’l L., 38, 639.
Iisd.org. (2016). India’s Joint Interpretive Statement for BITs: An Attempt to Slay the Ghosts of the Past – Investment Treaty News.
Iisd.org. (2013). Awards and Decisions – Investment Treaty News.
Iisd.org. (2015). The Brazil–Mozambique and Brazil–Angola Cooperation and Investment Facilitation Agreements (CIFAs): A Descriptive Overview – Investment Treaty News.
Iisd.org. (2020). Morocco’s New Model BIT: Innovative features and policy considerations – Investment Treaty News.
Italaw.com. (n.d.). Supreme Court Of The United States Syllabus Bg Group Plc V. Republic Of Argentina Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit.
Italaw.com. (2015). Parkerings-Compagniet AS v. Republic of Lithuania.
Kilangi, A. (2016). Permanent Sovereignty over Natural Resources General Assembly resolution 1803 (XVII).
Maryknollogc.org. (2011). Tanzania: Bomani mining committee issues report.
Olivet, C. (2017). Why did Ecuador terminate all its bilateral investment treaties. Transnational Institute, 25.
Salacuse, J. W. (1990). BIT by BIT: The growth of bilateral investment treaties and their impact on foreign investment in developing countries. The International Lawyer, 655–675.
Sauvant, K. P., & Sachs, L. E. (2009). The effect of treaties on foreign direct investment: Bilateral investment treaties, double taxation treaties, and investment flows. Oxford University Press.
Sornarajah, M. (2015). Developing countries in the investment treaty system: A law for need or a law for greed? In International Investment Law and Development. Edward Elgar Publishing.
Tobin, J. L., & Rose-Ackerman, S. (2011). When BITs have some bite: The political-economic environment for bilateral investment treaties. The Review of International Organizations, 6(1), 1–32.
Unctad.org. (2020). Chevron and TexPet v. Ecuador (I) | Investment Dispute Settlement Navigator.
Vis-Dunbar. (2009). South African trade department critical approach taken to BIT -making.
Zanzibar Investment Promotion Authority (ZIPA). (2019).
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