Africa's International Investment Law Regimes

PART I HISTORICAL AND CONCEPTUAL BACKGROUND 1. Historical and Conceptual Background, Analytical Framework, Scope of Coverage, and Sequence 2. Africa and the Normative Development of International Investment Law 3. International Investment Jurisprudence and Africa: A Historical Background and Case Analysis Framework PART II THE ANATOMY OF AFRICA'S ICSID CASES: THE DEVELOPMENT OF PROCEDURAL AND SUBSTANTIVE NORMS 4. Procedural History and the Evolution of the African State's Participation in Investment Arbitral Proceedings 5. The Post- 2010 Modern Cases 6. Decision- Makers and Representation 7. Jurisdiction and the Meaning of Investment 8. Post- 2010 Contemporary Jurisdictional Matters 9. Determination of Facts 10. Determination of Facts in the Modern Post- 2010 Cases 11. Duration of the Proceedings PART III THE DEVELOPMENT OF SUBSTANTIVE PRINCIPLES, NORMS, AND RULES 12. Expropriation 13. Development of Expropriation Rules in the Post- 2010 Period 14. The Umbrella Clause as a Concept of International Investment Law in the African Cases 15. Fair and Equitable Treatment, Full Protection and Security, and Nondiscrimination 16. Fair and Equitable Treatment and Nondiscrimination Principles in the Post- 2010 Cases 17. Choice of Law: The Concurrent Application of Host State Laws and Principles of International Law 18. Damages 19. Allocation of Costs and Interests PART IV AFRICA'S REGIONAL INVESTMENT LAW REGIMES 20. The Eight African Regional Economic Communities in Context 21. The Common Market for Eastern and Southern Africa 22. The Economic Community for West African States 23. The Southern Africa Development Community PART V AFRICA'S BILATERAL INVESTMENT LAW REGIME 24. Africa's BITs with Its Traditional Partners of the West 25. Africa's BITs with Its Eastern Partners 26. Intra- Africa BITs PART VI THE FUTURE OF AFRICA'S INTERNATIONAL INVESTMENT LAW REGIMES 27. The Pan- African Investment Code as a Bridge to AfCFTA Investment Protocol 28. Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment 29. Summary of Conclusions Bibliography List of Treaties List of Annexes