Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe
Author: Talkmore Chidede
Publisher: Anchor Academic Publishing
Total Pages: 239
Release: 2016-06-02
Genre: Business & Economics
ISBN: 396067550X
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This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe
Author: Talkmore Chidede
Publisher: Anchor Academic Publishing
Total Pages: 245
Release: 2016-09
Genre: Business & Economics
ISBN: 3960670508
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This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

Law & Investment in Africa

Law & Investment in Africa
Author: Tinahse Kondo
Publisher: African Sun Media
Total Pages: 296
Release: 2021-04-19
Genre: Business & Economics
ISBN: 1990995039
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Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.

Law & Investment in Africa

Law & Investment in Africa
Author: Tinahse Kondo
Publisher: African Sun Media
Total Pages: 291
Release: 2021-04-19
Genre: Business & Economics
ISBN: 1990995020
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Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.

Bilateral Investment Treaties Encouraging Foreign Direct Investment

Bilateral Investment Treaties Encouraging Foreign Direct Investment
Author: Edwick Bandera
Publisher:
Total Pages:
Release: 2013
Genre:
ISBN:
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The main ambit of this research is to seek to find a link between bilateral investment treaties and foreign direct investment. This offers a contribution on the ongoing debate on the effect of bilateral investment treaties on foreign direct investment. In order to analyze this debatable role of bilateral investment treaties on foreign direct investment a case study of the recently signed Bilateral Investment and Promotion and Protection Act between Zimbabwe and South Africa (BIPPA) is carried out with a special focus on Zimbabwe. The argument is BIPPA contains many rights which investors can use against the host. These clear outlined rules increase investor confident which will result in flows of investments to the host nation. The rules have a disciplinary effect upon the host. This is further qualified by the notion that BIPPA will have more effect on the Zimbabwean side were the government have to convince investors that their property will be protected. Domestic policies will be highlighted as being in conflict with investors rights. BIPPA can thus be used as shield to these domestic policies thereby encouraging foreign direct investment. These treaties however have their own cost effects which will be categorized as reputational, sovereignty and arbitration. Other issues such as the effect of bilateral investment treaties on development will also be deliberated on.

International Investment Law and Policy in Africa

International Investment Law and Policy in Africa
Author: Fola Adeleke
Publisher: Routledge
Total Pages: 211
Release: 2017-09-08
Genre: Business & Economics
ISBN: 1351998811
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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Grid-locked African Economic Sovereignty

Grid-locked African Economic Sovereignty
Author: Victor Warikandwa
Publisher: African Books Collective
Total Pages: 654
Release: 2019-02-06
Genre: Political Science
ISBN: 9956550205
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The emergent so-called Fourth Industrial Revolution is regarded by some as a panacea for bringing about development to Africans. This book dismisses this flawed reasoning. Surfacing how investors are actually looting and plundering Africa; how the industrial internet of things, the gig economies, digital economies and cryptocurrencies breach African political and economic sovereignty, the book pioneers what can be called anticipatory economics which anticipate the future of economies. It is argued that the future of Africans does not necessarily require degrowth, postgrowth, postdevelopment, postcapitalism or sharing/solidarity economies: it requires attention to age-old questions about African ownership and control of their resources. Investors have to invest in ensuring that Africans own and control their resources. Further, it is pointed out that the historical imperial structural creation of forced labour is increasingly morphing into what we call the structural creation of forced leisure which is no less lethal for Africans. Because both the structural creation of forced labour and the structural creation of forced leisure are undergirded by transnational neo-imperial plunder, theft, robbery, looting and dispossession of Africans, this book goes beyond the simplistic arguments that Euro-America developed due to the industrial revolutions.

African perspectives in international investment law

African perspectives in international investment law
Author: Yenkong Ngangjoh Hodu
Publisher: Manchester University Press
Total Pages: 326
Release: 2020-12-15
Genre: Law
ISBN: 152615126X
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The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.

The New Political Economy of Land Reform in South Africa

The New Political Economy of Land Reform in South Africa
Author: Adeoye O. Akinola
Publisher: Springer Nature
Total Pages: 284
Release: 2020-09-18
Genre: Political Science
ISBN: 3030511294
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This book analyzes the new political economy of land reform in South Africa. It takes a holistic approach to understand South Africa’s land reform, assesses the current policy gaps, and suggests ways of filling them. Due to its cross-disciplinary approach, the book will appeal to a broad audience, and will benefit readers from the fields of policy reform, administration, law, political science, political economics, agricultural economics, global politics, resource studies and development studies.