Submitted in fulfilment of the requirements for the degree: Masters of Laws LLM by Dissertation (Research) Faculty of Commerce, Law and Management – School of Law University of the Witwatersrand, 2017 / This dissertation interrogates whether there is an irresoluble conflict between the traditional form of protection offered to foreign investments under bilateral and multilateral investment treaties and the right and responsibility of states to regulate in the public interest. It examines the criticisms against the traditional form of protection under such treaties, which have been voiced vociferously in the last few years, and contrasts these with the justifications for it. Ultimately, it appears that the protections and mechanisms for enforcement under investment treaties do act to curtail what would otherwise be legitimate exercises of sovereignty by host states and that this can have a significant chilling effect on a state's ability to implement important regulatory initiatives and policies. It also appears, however, that, although there is potential for tension between the protection of investments and the state's right and responsibility to regulate, this potential can be managed. This dissertation analyses the reaction of the South African government to the concerns it has with its investment treaties, which ultimately found expression in the arguably extreme decision to give notice of non renewal of a number of its investment treaties and the adoption of domestic legislation which provides an undeniably diluted form of protection. This reaction leaves much to be desired and will ultimately have negative consequences of its own. It can be contrasted with that of other actors within the international arena who, whilst also harbouring concerns about the potential incursion of investment treaties into their regulatory mandate, have taken proactive and innovative steps to reform and craft their investment protection obligations to ensure that they retain sufficient regulatory space, without attracting the negative consequences of a complete rejection of the prevailing system. States should recognise their ability to tailor their commitments to their specific and evolving needs and take steps to craft legal frameworks that will provide sufficient investment protection without too great an incursion on their regulatory responsibilities. / XL2018

Thesis (M.A.)--Ohio University, June, 2007. / Title from PDF t.p. Includes bibliographical references.

Zugl.: Graz, Univ., Diss., 2007 / Includes bibliographical references (p. 317-333).

Thesis (M.A. in Security Studies(Homeland Security and Defense))--Naval Postgraduate School, December 2009. / Thesis Advisor(s): Yost, David S. ; Wirtz, James J. "December 2009." Description based on title screen as viewed on January 27, 2010. Author(s) subject terms: Comprehensive Test Ban Treaty, nuclear weapons. Includes bibliographical references (p. 53-58). Also available in print.

Thesis (doctoral)--Universität Köln.

Originally presented as the author's Thesis (Mājistīr)--Kullīyat al-Sharīʻah wa-al-Qānūn, Jāmiʻat Umm Durmān. / Includes bibliographical references.

Thesis (Ph. D.)--Ohio State University, 1994. / Vita. Includes bibliographical references (leaves 167-191).

Thèse--Paris. / Description based on print version record.

Thesis (M.A. in Security Studies (Civil-Military Relations))--Naval Postgraduate School, March 2010. / Thesis Advisor(s): Bruneau, Thomas ; Ear, Sophal. "March 2010." Description based on title screen as viewed on April 26, 2010. Author(s) subject terms: Private military companies, Private security companies, Civil-military relations, Regulation of private military companies, Contractors. Includes bibliographical references (p. 93-100). Also available in print.

Thesis (M.S.)--Boston University