South Africa’s Reformed Investment Regime as a Model for Developing Countries

Authors

John Mayer

Author Details

John Mayer, J.D., magna cum laude, Lewis & Clark Law School, 2021.

First Page

1247

Abstract

Beginning in 2012, South Africa decided to unilaterally terminate many Bilateral Investment Treaties (BITs) with European countries—this represented a departure from the 1990s, where South Africa, like many other developing countries, entered into BITs with wealthy, capital-exporting states in the hopes of attracting foreign direct investment. In 2015, South Africa enacted, in place of the BITs, the Protection of Investment Act, designed to protect foreign investors while also providing the state more freedom to regulate in the public interest. This Comment analyzes the history of South Africa’s BIT policy, and argues that South Africa has suffered minimally, if at all, in terms of foreign investment. South Africa’s approach could be used as a model for other developing countries. This Comment proposes conditions that other countries should meet to effectively follow the South Africa model.

Recommended Citation

John Mayer, South Africa’s Reformed Investment Regime as a Model for Developing Countries, 25 Lewis & Clark L. Rev. 1247 (2022).
Available at: https://lawcommons.lclark.edu/lclr/vol25/iss4/8