14 Oct 2016

Rule-takers or Rule-makers? A New Look at African Bilateral Investment Treaty Practice

Journal article by Wolfgang Alschner and Dmitriy Skougarevskiy in TDM 4 (2016).

Abstract

Who are the rule-takers and rule-makers in the African BIT universe? Using computational measures of textual similarity this paper provides a nuanced empirical answer to this question. First, we find that African states tend to be rule-takers in North-South relations, yet enjoy greater agency in negotiations of South-South BITs. Only a few African countries, however, use their greater say in intra-African negotiations to include public policy exceptions in BITs. Indeed, recent North-South BITs contain more policy space than their Southern counterparts in Africa. Second, rule-makers and rule-takers ...

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