The South African Investment Climate has been developing since the dawn of democracy. The government of South Africa has entered into different BITs immediately after the end of the apartheid government. This was done as a way of attracting FDIs into the country to develop the economy and to also form relationships within the international community. Since the first BIT which was entered into in the early 1990s the South African law governing FDIs has changed tremendously and this was seen by the termination of those BITs and the introduction of new legislation governing the FDIs. The termination of the BITs was done as a way of responding to the imbalance and unfairness that was found in such BITs towards the government of South Africa. The BITs were said to provide more rights and no obligations to foreign investors and as such, they were imbalanced. This research work will therefore provide an analysis of the rights and obligations of foreign investors under the new legislation in South Africa, making reference and comparison to the previous BITs as well as looking at the regional and continental level to make comparison with the South African law so as to see if there can be a balance of rights and obligations in international investment law. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--Univesrity of Pretoria, 2021. / National Research Fund (NRF) / Public Law / LLM (International Trade and Investment Law in Africa) / Unrestricted

The study gives background and importance of PPPs for a thriving economy that is afforded adequate support. It further provides key components of the legal PPP framework in South Africa and the role of clear Agreements in the successful completion of projects. It interrogates the question regarding what can be done differently to improve the outcomes of PPP projects. It specifies problem areas that impede on projects being completed with success and outline common PPP problems. The research also deals with specific projects that have been successfully completed at different levels of government. / Mini Dissertation (LLM)--University of Pretoria, 2021. / Centre for Human Rights / LLM / Unrestricted

Corruption is increasingly playing a critical role in international investment arbitration disputes. Investors have lost rights under BITs against a State due to corruptly securing its investment. Corruption has been raised by the investor as a sword, and by the State as a shield against investor’s claims. This has raised concerns about whether international investment arbitrations and institutions should be seized with corruption matters and if so, in what form and substance. This thesis argues that the contemporary international investment regulatory regime is inadequate to combat corruption in foreign investment transactions. The main challenge with the bulk of the international investment agreements which contain anti- corruption clauses is that these provisions are couched as general principles and prohibitions, merely encouraging the host States to enact and enforce anti-corruption laws. These instruments are of less functional value to investment arbitrators when faced with allegations of corruption. It further argues that the prevailing host State’s legal mechanisms are inherently inadequate to effectively regulate and combat corruption relating to foreign direct investments, and therefore there is a need for an international intervention through international investment agreements. The situation is exacerbated by the divergent approaches taken by investment arbitrators when dealing with corruption in investment transactions. This thesis recommends the adoption of an elaborate anti-corruption clause in international investment agreements. The main contribution of this thesis is to suggest a framework for combatting corruption in investment transactions. It provides a model anti-corruption treaty clause which attempts to promote accountability of both the foreign investor and the State. This model anti-corruption clause includes guiding factors that arbitrators in the investor-State arbitration may take into account when arbitrating disputes involving corruption, so that they can meaningfully contribute towards combatting corruption. / Thesis (LLD)--University of Pretoria, 2020. / Public Law / LLD / Unrestricted

This dissertation aims to examine The Iran-U.S. Claims Tribunal, the largest mechanism in the history of international arbitration, located in The Hague. The central thesis considered is the unique nature of the Tribunal as embodying elements of both conflict and cooperation at a time of considerable and ongoing hostility between Iran and the United States over various issues. Iran and America, following World War II, set up a unique relationship. This close cooperation resulted in antagonism after the Islamic Revolution in 1979; the American diplomats were taken hostage, and a number of multi-billion dollar contracts and transactions were terminated. Several avenues were sought to resolve the problem. Finally, the Algerian government stepped in as an intermediary to resolve the issue. Iran and the United States agreed to establish the Tribunal in 1981. The level of confrontation between Tehran and Washington was so strong that the Tribunal suspended its operation for months. The Tribunal not only managed to survive, but it also made it possible; as a safe haven, as a legitimate forum and as a joint embassy for the parties, to extend their day-to-day cooperation for almost thirty years. How and under what conditions have Iran and America, labelled by each other as the "Axis of Evil" and the "Great Satan" been able to cooperate in the absence of diplomatic relations? How do the Agents of an allegedly "World-devouring America" and the "Terrorist sponsoring Iran" meet face to face in an institution which itself is the product of severe enmity? All such questions could be answered by the unique nature of the Tribunal: its decisions are based upon "political exigency" and cultural expediency "rather than legal foundations." Two simultaneous forces of conflict and cooperation have been in process: at a time when the American navy was raiding the Iranian oil platform in the Persian Gulf, a big case amounting to billions of dollars was being negotiated at the Tribunal forum through an out-of court settlement process. At the time when this dissertation is produced, the same contending forces of discord and collaboration are in operation: on the one hand there exists Iran-US nuclear standoff on the international level, and on the other hand certain multi-billion dollar oil and Foreign Military Sales (FMS) are decided at the Tribunal. The Tribunal premises have been used as a forum for "deliberation" on major legal and political disputes. It has been both praised and blackballed. At one extreme, it has been regarded as "a gold mine of information" and at the other extreme its rulings are not considered to be applicable in other financial disputes because of the "political compromise within the Tribunal." Iran and America have found it necessary, under the condition of uncertainty, to make concessions to ensure the integrity of the Tribunal and the latter in turn has equipped itself with a proper strategy of survival by establishing its own rules and procedures. Around four thousand cases have been brought before the Tribunal, with each case involving various conflicts of interest. In all of those issues, the forces of cooperation have prevailed. By resolving those cases, the Tribunal has achieved its fundamental objectives: conflict resolution by peaceful means. The Tribunal will cease to exist only when Iran and America open diplomatic relations.

Investment is globally considered as an expeditious and sustainable method of assuring economic growth and development. The case is no different for The Gambia who has constantly made it its priority to boost its economy and improve the standard of living of its citizens. However, recent economic downturns and global economic instabilities all indicate that The Gambia could be in need of more investment inflows, if her economy is to remain afloat. One idea that has constantly challenged the validity of investment is the sacrifice the environment is made to bear for its increase. Since 2016, this conflict has been exacerbated by the numerous environmental violations committed by investors and their investments in the country. There has been a collective outcry from the communities affected by these violations and The Gambian government seems to find some difficulty in attending to the complaints of these communities as well as pursuing its desire to increase investment inflows. This research therefore aims to discuss the need to balance investment and environmental protection. To achieve this, it specifically focuses on The Gambia’s investment and environmental regimes and examines the ways by which the government can address this conflict. The paper commences by looking into the evolution of both fields and picks out the global attempts that have been made to reconcile the two. It then analyzes the domestic and regional environmental protection regime of The Gambia and assesses its effectiveness in dealing with environmental violations committed by investors. The research further digs into the investment agreements signed by The Gambia and examines whether and how they address environmental and sustainable development considerations. In doing this, it also provides a general overview on how regional and international tribunals view environmental provisions particularly with respect to investment agreements. Finally, this research concludes by proposing recommendations on how The Gambian Government can better balance the two fields as opposed to being placed in a position of choosing one or the other. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted

archives@tulane.edu / International conventions do not set down rules on state immunity and leave it to national courts to decide the nature and scope of state immunity. The inevitable result of this state-centrist approach is the evolution of divergent views among states on the reach of state immunity. In the early years of international relations, the accepted view was that states enjoyed absolute sovereign immunity and that as a result no state, without its consent, was subject to the national jurisdiction of another state. Gradually many states, mainly through judicial decisions, moved towards a qualified doctrine of immunity enabling a degree of submission by one state to the jurisdiction of another. This restricted view of sovereign immunity was prompted by the changing nature of socio-economic and political circumstances, with states taking an increasingly felt presence in trading and commercial activities. It is generally the developed countries that were eager to embrace the restrictive view of state immunity, which enabled their nationals to press claims against errant foreign states. Naturally, the developing countries tended to favor the absolute doctrine of state immunity, in order to resist claims, however well founded, made against them. Today, most developing countries still insist on absolute state immunity. While not yet codified in an international convention, the doctrine of state immunity has found its way into customary international law. In identifying and interpreting international customary law of state immunity, national courts frequently refer to and follow judicial decisions of foreign jurisdictions. This practice enables states to learn from different legal techniques and criteria that are used in other jurisdictions to demarcate the scope of the doctrine of state immunity. An area where states have reached some common understanding is the enforcement of arbitral awards—imposing measures of constraint against state assets. While judicial enforcement of arbitral awards is the much preferred and most prevalent means of subjecting state assets to seizure or attachment, there are some notable non-judicial remedial measures which may aid the aggrieved investors in satisfying their claims against state parties to a dispute. These non-judicial means of relief rely on the willingness of the investors’ parent state to pursue their cause with the recalcitrant state. The parent state’s willingness is dictated by political considerations in contrast to non political nature of judicial proceedings. It is commonly agreed that an independent judicial process is much preferable to politically motivated non-judicial avenues of relief. As such, attention of judges, scholars and lawmakers must focus on refining judicial processes and building effective enforcement mechanisms. This calls for widely agreed principles of state immunity and a commonly shared enforcement mechanism. Having identified problems arising from a lack of universal agreement on state immunity and the diversity and, more dishearteningly, the inadequacy of forms of enforcement available to an aggrieved claimant, this thesis proposes that the international community must work towards the setting up of a central enforcement agency, a functional model of enforcement. This thesis suggests that the central mechanism of enforcement could be set up through reaching an international treaty or convention or modifying the existing mechanisms. / 1 / Zixin Meng

After economic reform and opening-up, China constantly absorb foreign capitals. However, at the same time of economic take-off, for the need of continuously economic development and strategy, China must move towards the world in order to seek energy, technology, fund, overseas market etc.. Therefore, the model of China foreign investments and its operation under the international investment regulations is less likely to be discussed by theses. While Taiwan re-negotiate with China,it is necessary to study the model of investment and its reality which China invested in Hongkong after 1997 since Hongkong is the demonstration area under one country-two systems policy. When China still argue that it will implement one country-two systems policy under one Chine principle, this study will help us to understand how China will carry out its investment model in Taiwan in the future. Thus, the research framework of this study will be based on the above statements, and this study will also discuss relevant agreements regarding the international investment contract, technological transferring agreement etc.. This study will be served as a reference for China while making investment in Taiwan.

Doctor Legum - LLD / The existing traditional international investment law regime which is largely based on the conventional European and North American Model Bilateral Investment Treaties (BITs) has come under intense criticism. The argument is that this regime, among other things, prioritises the protection of foreign investors and investments while sidelining significant public interest issues of the host countries. The inability to adequately accommodate public interest issues in the international investment law has unduly constrained the host countries’ sovereign right to regulate investments in public interests and pursue their public policy objectives.

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Promotion and protection of foreign investment in Indonesia In last few decades Indonesia became an important player on a field of international investment. Since the early Soeharto years Indonesia has enjoyed impressive economic growth and became an attraction for the foreign investors. Foreign investors are mainly attracted by the natural resources, law-cost labor market and large Indonesia's domestic market. The goal of my thesis is to analyze the security of the foreign investment in Indonesia and in case of the dispute the protection of foreign investment. The introductory chapter deals briefly with the basic information about Indonesia and its history which influenced Indonesian law system during the past century. First chapter analyze the main issues which can be for foreign investors discouraging such as the legal uncertainty, corruption and untransparency of the law. The second chapter compares the interpretation of the 'investment' term from the viewpoint of the economic science reading and the legal view. Furthermore, it analyzes the term in case law of ICSID, in Indonesia law system and in the bilateral investment treaty between Indonesia and Czech Republic. The third chapter analyzes the multilateral and bilateral investment treaties by which Indonesia is bound and the Indonesian...