With the ongoing debate about reshaping the international investment regime, with many countries reviewing their investment policies and defining new approaches, it is important to define what directions African States should take and what should be their position and practices in this respect.
The following questions need to be answered in particular:
- Should African States view BITs as simple “diplomatic” instruments for attracting foreign investors, or should they view these treaties as potential threat to their sustainable development?
- What make these treaties potentially harmful?
- What benefits African States really gain?
- Is there empirical evidence to prove that there is a correlation between BITs and economic development?
- What should be the role of continental organizations?
- Is arbitration the best mean to settle disputes between African host States and foreign investors?