Abebe, Endegena (2015) The Need to Re-visit Ethiopia's Bilateral Investment Treaties with Particular Emphasis on Investment Dispute Settlement. Masters thesis, Addis Ababa University.
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Abstract
Dispute settlement provisions contained in International Investment Agreements have been a headache for many developing countries. The main source of the problem emanates from interpretation of some core substantive and procedural standards contained in such agreements by different arbitral tribunals in a very inconsistent manner. Such inconsistent interpretations have resulted in locking down host states from making regulatory policy reforms that are deemed necessary for the welfare of their citizens. In this context, some countries have started to re-visit their Bilateral Investment Agreements with an aim to re-calibrate or even do away with them completely. The central thesis of this paper is, therefore, that substantive and procedural standard provisions found in BITs as interpreted and applied by different ad hoc arbitral tribunals do indeed have tremendous effect on the regulation of investment domestically and eventually stifle sovereign states from issuing regulatory policy reforms and are thus bottlenecks to development. It argues that Ethiopia should re-think its current BIT regimes and negotiate better ones; totally quitting from BIT regimes like South Africa is, however, not advisable as it would signal a wrong message.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | H Social Sciences > H Social Sciences (General) |
| Divisions: | Africana |
| Depositing User: | Kabiru Wallace Ndung'u |
| Date Deposited: | 24 Jun 2019 09:46 |
| Last Modified: | 24 Jun 2019 09:46 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9278 |
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