Crafting Policies With Protection Standards: A Legal Research Guide

Faire and Equitable Treatment & indirect-expropriation protections provided for foreign investors under the Ethiopian BITs. PDF

regulation of investment in ethiopia masters thesis on Faire & Equitable Treatment. Indirect expropriation protections provided for foreign investors under the Ethiopian. BITs & ITS IMPACT ON THE REGULATORY POWER OF ETHIOPIAN STATE.

Abstract of the paper

This study examines Faire and Equitable Treatment and indirect expropriation” protections provided for foreign investors under the Ethiopian. BITs and its impact on the regulatory power of Ethiopian states.

the thesis legal research method

The researcher used doctrinal and non-doctrinal legal research method. And it argues that, the “FET” clause included in most Ethiopian BITs are unqualified type which will expose Ethiopia. to potential, unnecessary litigation before the arbitral tribunals. Similarly, in most of Ethiopian BIT`s expropriation clauses, there are no clear yardsticks which distinguishes. “indirect expropriation” from non-compensable regulatory power of the state. The lack of policy space in this “indirect expropriation” clauses, causes the inconsistency and unpredictability regarding the outcome on regulation of investment in ethiopia.

“indirect expropriation” by arbitral tribunals. Both “indirect expropriation” and “FET” clauses in Ethiopia BITs impair the regulatory power of Ethiopian state. The study argue that the vague language of these substantive provisions in Ethiopia. makes the expanse of investment protection. very broad and limit the kind of measures that can be imposed on foreign investments by causing either regulatory chill on state or the investors can enforce the provisions against the State through ISDS system at international tribunals. It is apparent that these treatment standards, including MFN treatment Standard which multilateral investment treaties in Ethiopia need to be revised and redrafted to reduce uncertainty and over-protection arising from their broadly worded provisions. Finally the researcher recommended by proposing other countries BITs best drafting practices for future Ethiopia’s (Model) BITs and also provided best options how Ethiopia’s old BITs will be reformed.  

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