Open AccessThe New Developments in International Investment Law: A need for Multilateral Investment Treaty?
Author(s) -
Malebakeng Agnes Forere
Publication year - 2018
Publication title -
per
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.204
H-Index - 6
ISSN - 1727-3781
DOI - 10.17159/1727-3781/2018/v21i0a3282
Subject(s) - treaty , investment (military) , globe , liberalization , international trade , international investment , international law , work (physics) , law , foreign direct investment , investment protection , bilateral investment treaty , business , international economics , economics , political science , law and economics , engineering , politics , medicine , mechanical engineering , ophthalmology
This work contributes to the global discussion on the desirability of the multilateral investment treaty to ensure coherence in the way foreign investment is protected across the globe. The paper argues that whereas the international community is not ready yet to adopt multilateral rules on investment liberalisation, the time is ripe for multilateral rules on the standards of protection backed up by a multilateral court with a two-tier system. Most importantly, this contribution provides a template for the content of the standards of protection, having observed the new approaches to the traditional standards of protection typically enshrined in the bilateral investment treaties.