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A contradiction between the Ethiopian law of investment and environmental law is prevalent since law of investment promotes development while environmental law protects the environment. The thesis investigates the general legal issue: How do the investment and environmental laws of Ethiopia promote large-scale agricultural development without adversely affecting the environment? In the research, comparative legal research methodology is employed: comparison is made between the internationally accepted principles of large-scale agricultural investment and Ethiopian laws; the laws and experiences of Brazil and South Africa are showed that law of sustainable large-scale agricultural investment is vital to promote agricultural development and protect the environment. International law on investment and environment are also considered. International legal principles of solving the contradiction between environmental law and investment law are analysed. Legal and document analysis of Ethiopian laws, policies and government documents have been made. Interviews have been made, data through questionnaires have been collected and analysed, and 12 large-scale agricultural investment farms have been observed and critically analysed. The thesis identified that law of large-scale agricultural investment promotes development while Ethiopian environmental law protects the environment. The law has a role in promoting large-scale agricultural development by recognising the right to development and providing incentives and creating conducive environment. Thus, the law should be used to promote both the right to development and environmental protection. The nexus between investment law and environmental law should be strengthening. It is identified that the law of sustainable large-scale agricultural development could protect the environment while promoting large-scale agricultural development. The thesis identified the Ethiopian law and the practices do not promote sustainable large-scale agricultural development. Thus, it is recommended that precautionary principle, like EIA should be made a requirement for large-scale agricultural investment, implementing efficiently and effectively the large-scale agricultural law principles, and laws to achieve sustainable large-scale agriculture. / Public, Constitutional and International Law / LL. D.

A dissertação trata sobre o Direito dos Investimentos. O texto busca reconhecer os princípios mais importantes do Direito dos Investimentos, bem como verificar como esta disciplina tem sido aplicada a área de energia. Como estudo de casos, será analisado o mercado brasileiro de biocombustíveis. Em uma primeira parte o texto aborda o histórico e desenvolvimento do Direito dos Investimentos, demonstrando as modificações ocorridas ao longo do tempo e apresentando os principais questionamentos e tendências adotadas durante esta jornada. O segundo capítulo trata sobre os princípios do Direito dos Investimentos, suas aplicações e algumas controvérsias acerca da aplicação destes. O terceiro capítulo aborda o Direito dos Investimentos em matéria de energia, destacando definições, tendências atuais e casos relevantes para o International Energy Law, que se relacionam intimamente a atuação de investidores estrangeiros. Finalmente, no último capítulo o mercado brasileiro de biocombustíveis será analisado sob o prisma dos conceitos trabalhados nos capítulos anteriores, com foco nas questões relacionadas aos investidores e em que medida a regulação governamental pode ser considerada adequada à luz do Direito dos Investimentos. / This current paper refers to the International Investment Law. The text search for the most important principles of International Investment Law, as well as how it is this discipline is related to the energy field. As a case study, the Brazilian biofuel market was analyzed. In the first chapter, this dissertation investigates the history and development of International Investment Law, showing the modifications, debates and new trends about it. The second chapter is related to mains principles of International Investment Law, how they are applied and some controversies about them. The third chapter investigates how International Investment Law is applied in the energy sector, including the concepts and trends of International Energy Law, a field which the role of foreign investors is very important. Finally, in the last chapter this dissertation investigates the Brazilian biofuel market, relating it to the principles and concepts previously exposed in the other chapters. The focus is in the questions related to the investors. It also analyses the government regulation and it adequacy to the principles of International Investment Law

A dissertação trata sobre o Direito dos Investimentos. O texto busca reconhecer os princípios mais importantes do Direito dos Investimentos, bem como verificar como esta disciplina tem sido aplicada a área de energia. Como estudo de casos, será analisado o mercado brasileiro de biocombustíveis. Em uma primeira parte o texto aborda o histórico e desenvolvimento do Direito dos Investimentos, demonstrando as modificações ocorridas ao longo do tempo e apresentando os principais questionamentos e tendências adotadas durante esta jornada. O segundo capítulo trata sobre os princípios do Direito dos Investimentos, suas aplicações e algumas controvérsias acerca da aplicação destes. O terceiro capítulo aborda o Direito dos Investimentos em matéria de energia, destacando definições, tendências atuais e casos relevantes para o International Energy Law, que se relacionam intimamente a atuação de investidores estrangeiros. Finalmente, no último capítulo o mercado brasileiro de biocombustíveis será analisado sob o prisma dos conceitos trabalhados nos capítulos anteriores, com foco nas questões relacionadas aos investidores e em que medida a regulação governamental pode ser considerada adequada à luz do Direito dos Investimentos. / This current paper refers to the International Investment Law. The text search for the most important principles of International Investment Law, as well as how it is this discipline is related to the energy field. As a case study, the Brazilian biofuel market was analyzed. In the first chapter, this dissertation investigates the history and development of International Investment Law, showing the modifications, debates and new trends about it. The second chapter is related to mains principles of International Investment Law, how they are applied and some controversies about them. The third chapter investigates how International Investment Law is applied in the energy sector, including the concepts and trends of International Energy Law, a field which the role of foreign investors is very important. Finally, in the last chapter this dissertation investigates the Brazilian biofuel market, relating it to the principles and concepts previously exposed in the other chapters. The focus is in the questions related to the investors. It also analyses the government regulation and it adequacy to the principles of International Investment Law

In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality? By relying on an analytical framework and a methodology that combine international law with international relations, the present interdisciplinary dissertation provides a twofold answer to this question. At a macro-level, it demonstrates that the normative integration of foreign investors’ responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. At a micro-level, it relies on the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations. By shedding light on the sense of obligation that each instrument generates, the analysis shows that such a codification process is marked by relations of power between international actors and has resulted in several social norms, with relatively few legal norms. / Graduate

La protection internationale des investissements étrangers dans la Communauté Économique des Etats de l’Afrique de l’Ouest (CEDEAO) suppose d’établir la compétence de celle-ci à assurer une sécurisation des biens des opérateurs économiques ressortissants d’Etats tiers dans son espace. Ainsi, il a été démontré que, par le biais de ses instruments de réalisation de l’intégration régionale, cette organisation communautaire pourrait être amenée à assurer une sécurisation des investissements étrangers. Mais, quoique fusse grande la volonté de la CEDEAO d’assumer une telle fonction, l’analyse démontre qu’elle présente certaines insuffisances qui sont intrinsèquement liées à la différence de nature entre le droit communautaire et le droit conventionnel des investissements. Face à ce constat, il urgeait de trouver d’autres instruments supplétifs, voire complémentaires dans la protection communautaire des investissements étrangers. Ces dits instruments ont été localisés dans le droit international général, tant à travers ses règles substantielles que ses mécanismes procéduraux. Cependant, si la protection que procure le droit de la CEDEAO sur les biens des investisseurs étrangers a été jugée inefficace, celle du droit international, en revanche, semble excessive au point d’être préjudiciable aux Etats hôtes, si tant qu’elle nécessite un nivellement. À l’examen, l’observateur pourrait avoir la sensation qu’il existe un bras de fer entre le droit international et le droit communautaire dans la sécurisation des biens des opérateurs économiques étrangers. Cet observateur constatera ensuite que le droit de la protection des étrangers entre dans une nouvelle ère. En effet, longtemps limitée dans le cadre bilatéral entre Etat d’origine et Etat d’accueil de l’investissement, la problématique de la sécurisation des investissements étrangers a acquis une telle acuité dans la vie économique des entités étatiques qu’elle tend à devenir une affaire de communauté. Il se rendra, enfin, surtout compte que, si le droit conventionnel des investissements a pour visée la protection des étrangers, il peut, à certains égards, constituer un stimulant à la bonne gouvernance. / The international protection of foreign Investments within the Economic Community of West African States (ECOWAS) requires establishing the competence of the latter to ensure the security of the property of economic operators who are nationals of third States in its area. Thus, it has been shown that through its instruments for achieving regional integration, this community organization could be led to ensure the security of foreign investments. But, although ECOWAS’s willingness to assume such a function is great, the analysis shows that it has certain shortcomings which are intrinsically linked to the difference in nature between Community law and the Conventional law of investment. In this view, it was urgent to find other supplementary and even complementary instruments in the community protection of foreign investments within the community. These instruments have been localized in General International Law both through its substantive rules as in its procedural mechanics. However, while the protection afforded by ECOWAS law to the properties of foreign investors has been found to be ineffective, that of the international law, on the other hand, seems excessive to the point of being detrimental to host States, as long as it requires leveling. On examination, the observer might have the feeling that there is a tug of war between International law and Community law in securing the assets of foreign economic operators. This observer will then note that the law of the protection of foreigners enters a new era. Indeed, for a long time limited in the bilateral framework between the State of origin and the host States of the investment, the issue of securing foreign investments has acquired such acuity in the economic life of the State entities that it is tends to become a community affair. Finally, i twill be appreciated that, while the purpose of conventional investment law is the protection of foreigners, it may, in some respects, be a stimulus to good governance.

This research addresses the need to foster human rights in the international investment law (IIL) regime through public participation in Kenya. It highlights the asymmetrical nature of IIL and the need to balance competing foreign investor rights and public interest concerns, particularly human rights in host states. It buttresses the vital role that IIL can play in the socio-economic growth of developing countries, more so, its role in the sustainable development agenda. This research spotlights the increasing human rights concerns in the proliferated foreign direct investments in the natural resources and infrastructure development sectors in Kenya while proposing innovative solutions to this problem through avenues for effective public participation as provided for in the existing international, and domestic legal, and policy frameworks. Lastly, this research analyzes the deficiencies of investor-state arbitration in IIL in providing access to remedy to victims of business-related human rights claims against foreign investors and proposes alternative participatory and more efficient judicial and non-judicial grievance mechanisms that can potentially enhance access to justice and ultimately human rights protection in the IIL regime in Kenya. / Mini Dissertation (LLM)--University of Pretorai, 2021. / Centre for Human Rights / LLM / Unrestricted

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.

Corruption, and in particular the bribery of public officials, causes great harm to society, especially in countries with economies in transition and in developing countries. Pervasive corruption affects both citizens and businesses. This phenomenon, unfortunately, has also affected the practice of international investment arbitration, where the arbitration tribunal, in the course of resolving disputes between an investor and the state, has to deal with facts of possible corruption (giving a bribe, bribing the public officials, and so on) on the part of investors during the entry into the state market, which, undoubtedly, does not correspond to the legal norms of almost any state. This fact is used by states (as a rule, respondents in investment arbitration) as a tool to exclude the jurisdiction of the investment arbitration tribunal. In this paper, an in-depth analysis of the legal mechanisms for excluding the jurisdiction of the arbitration tribunal in connection with investor corruption will be provided, as well as a number of high-profile investment arbitration cases in which the arbitration tribunal ruled that there was no jurisdiction due to corrupt actions of the investor during the investment process will be examined.

No / The quest for environmental protection alongside economic development has been one of the prominent themes of political and legal discourse for several decades. This article examines the extent to which the principle of sustainable development (introduced under the Rio Declaration 1992) as a conceptual framework for balancing these competing goals has been integrated within the international investment law regime. It does this by examining decisions of investment tribunals on disputes relating to the legitimacy of government measures on environmental grounds. The analysis evidenced a lack of clear principles and mechanisms for balanced consideration of all competing interests; with the outcome being generally the subordination of environmental concerns to the protection of investors’ economic interests under international investment law. This supports criticism that although sustainable development has become one of society’s most sought-after goals, progress towards achieving this has been frustratingly slow. Against this background, the article goes on to determine whether the outcomes from the hugely anticipated Rio+20 Conference provided a framework or mechanisms that could promote sustainability integration in investment arbitrations. The article fi nds that while the outcome document from the main Rio+20 Conference did not provide such a framework, the Declaration from the Judge’s Conference, which was organised by UNEP and held simultaneously in Rio, provided some principles and mechanisms that, if fl eshed out, could contribute towards better integration of sustainability in the investment regime.