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African perspectives in international investment law$
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Yenkong Ngangjoh Hodu and Makane Moïse Mbengue

Print publication date: 2020

Print ISBN-13: 9781526151278

Published to Manchester Scholarship Online: September 2021

DOI: 10.7765/9781526151285

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PRINTED FROM MANCHESTER SCHOLARSHIP ONLINE (www.manchester.universitypressscholarship.com). (c) Copyright Manchester University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MSO for personal use.date: 26 May 2022

Rethinking the promotion and protection of foreign investments: South Africa’s Protection of Investment Act 22 of 2015

Rethinking the promotion and protection of foreign investments: South Africa’s Protection of Investment Act 22 of 2015

Chapter:
(p.131) 8 Rethinking the promotion and protection of foreign investments: South Africa’s Protection of Investment Act 22 of 2015
Source:
African perspectives in international investment law
Author(s):

Tarcisio Gazzini

Publisher:
Manchester University Press
DOI:10.7765/9781526151285.00015

As a result of the criticism against investment treaties, South Africa terminated several of its investment treaties and adopted a piece of legislation on the protection of investment. Against this background, the chapter analyzes and compares the protection provided under the Act with the protection provided under investment treaties. Following a thorough examination, the chapter argues that the Act offers a level of protection definitely lower than that normally provided by international investment treaties from both substantive and procedural standpoints. The chapter ends on a pessimistic note regarding the appropriateness of South Africa’s response to the criticism against investment treaties and offers alternative options for the way forward.

Keywords:   international investment law, South Africa’s Protection of Investment Act 22 of 2015, South Africa’s national investment policy, domestic remedies, ISDS, Global South

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