Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Climate change and international investment law : lessons from Africa's investment treaty practice
Mini-dissertation (LLM (Mercantile Law))--University of Pretoria, 2024.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613614038319104 |
|---|---|
| access_status_str | Open Access |
| author2 | Qumba, Mmiselo Freedom |
| author_browse | Qumba, Mmiselo Freedom |
| author_facet | Qumba, Mmiselo Freedom |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini-dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/102017 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:56.612Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/102017 Climate change and international investment law : lessons from Africa's investment treaty practice Qumba, Mmiselo Freedom u23954354@tuks.co.za Mogashoa, Lebogang Paul UCTD Sustainable Development Goals (SDGs) Climate change Investor-State Dispute Settlement (ISDS) African Continental Free Trade Area (AfCFTA) Investment treaties Mini-dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. This dissertation critically analyses new generation continental, regional and bilateral investment treaties in Africa with the aim to explore enhancements that could be made thereto in order to enable African citizens to hold investors accountable for investment-related climate change issues in Africa. The main research question answered in the dissertation is: to what extent does African investment treaty practice incorporate climate change-related provisions and investor accountability for climate change. The dissertation analysed traditional investment treaties, particularly noting their silence on climate change and investor accountability, and their partiality to investor protection. Using the AfCFTA Investment Protocol as an anchor alongside other new generation continental, regional and bilateral investment treaties in Africa, it discusses a fundamental contemporary shift in African investment treaty practice towards ensuring sustainable investments and greater investor accountability for sustainability in Africa. It also explores the various limitations in these new generation investment treaties that still make investor accountability. In the end it proposes reforms to the Investor-State Dispute Settlement provisions of these investment treaties to recognise citizen-led arbitral claims against investors, utilising the Hague Rules on Business and Human Rights as the procedural infrastructure for handling arbitration of such claims. Mercantile Law LLM (Mercantile Law) Unrestricted Faculty of Laws SDG-13: Climate action 2025-04-11T08:06:28Z 2025-04-11T08:06:28Z 2025-09 2024-11 Mini Dissertation * S2025 http://hdl.handle.net/2263/102017 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Climate change Investor-State Dispute Settlement (ISDS) African Continental Free Trade Area (AfCFTA) Investment treaties Climate change and international investment law : lessons from Africa's investment treaty practice |
| title | Climate change and international investment law : lessons from Africa's investment treaty practice |
| title_full | Climate change and international investment law : lessons from Africa's investment treaty practice |
| title_fullStr | Climate change and international investment law : lessons from Africa's investment treaty practice |
| title_full_unstemmed | Climate change and international investment law : lessons from Africa's investment treaty practice |
| title_short | Climate change and international investment law : lessons from Africa's investment treaty practice |
| title_sort | climate change and international investment law lessons from africa s investment treaty practice |
| topic | UCTD Sustainable Development Goals (SDGs) Climate change Investor-State Dispute Settlement (ISDS) African Continental Free Trade Area (AfCFTA) Investment treaties |
| url | http://hdl.handle.net/2263/102017 |