ABSTRACT
The role of International investment agreements (IIAs) in the implementation of a sustainable development agenda and in the protection of human rights have not received sufficient attention. IIAs have experienced major developments over the last few years and have become the governing framework for foreign direct investment particularly through Bilateral Investment Treaties (BITs). Virtually all African BITs have dispute settlement provisions with the majority based on investor–state dispute settlement (ISDS). ISDS is generally known to restrict the public interest regulation space of states and the concerns around the system as a whole have led to questions around the legitimacy of the system. While ISDS has been the default approach to dispute settlement in BITs, on a regional level there has been resistance towards the continued application of the status quo. The chapter also presents an overview of the key concepts discussed in this book.
