Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment

Abstract

Abstract AIP assumed the difficult task of encouraging intra-Africa investment by balancing the investor’s rights with the state’s right to regulate. It is informed by more than six decades of intense treaty activity and arbitral jurisprudence. Although it is a significant improvement on all of the previous regional attempts that have overcorrected the perceived inequities and excesses of arbitral jurisprudence, it could not avoid adding its own share of uncertainties through the inclusion of policy-related statements and modification of established rules such as expropriation. This chapter identifies and critically appraises those areas and AIP’s contributions to contemporary international investment law.