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International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit
Thesis (LLD)--University of Pretoria, 2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613538106736640 |
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| access_status_str | Open Access |
| author2 | Brink, Gustav |
| author_browse | Brink, Gustav |
| author_facet | Brink, Gustav |
| 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 | Thesis (LLD)--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/103169 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:44.183Z |
| 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:2263/103169 International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit Brink, Gustav Asiimwe52@gmail.com Wandrag, Riekie Asiimwe, Esther Muchwa UCTD Sustainable development Uganda Bilateral investment treaties (BITs) Investment law reform Investor-state-dispute-settlement Thesis (LLD)--University of Pretoria, 2025. This thesis critically analyses Uganda’s bilateral investment treaty (BIT) system to determine its compatibility with sustainable development imperatives and proposes a new model BIT that aligns with Uganda’s evolving development priorities. Recognising the country’s reliance on foreign direct investment (FDI) for economic growth, this study interrogates the extent to which Uganda’s current BITs—many of which were concluded during earlier policymaking eras—expose the country to legal, economic, and regulatory risks. These include susceptibility to investor–state dispute settlement (ISDS) claims, constraints on the host state’s right to regulate, and a lack of provisions promoting environmental, social, and developmental objectives. Through doctrinal and comparative legal analysis, the study traces the historical evolution of international investment law (IIL), critiques the limitations of Uganda’s domestic and treaty-based FDI frameworks, and identifies substantive and structural weaknesses in Uganda’s in-force and model BITs. The analysis also considers international reform efforts and best practices from new-generation investment agreements, including the AfCFTA Protocol on Investment, the Investment Facilitation for Development (IFD) Agreement, and the SADC and EAC Model BITs. Particular attention is paid to the South African BIT reform experience as a comparator for Uganda’s reform journey. The study finds that Uganda’s BIT system is outdated, overly protective of investors, and poorly aligned with its sustainable development goals (SDGs). It recommends terminating unratified and problematic BITs, renegotiating existing ones, and adopting a new model BIT that balances investor protection with Uganda’s regulatory autonomy and sustainable development objectives. To this end, a draft model BIT is proposed as an annex to guide future treaty negotiations and reform Uganda’s investment regime in line with contemporary global standards and regional aspirations. Mercantile Law LLD Unrestricted Faculty of Laws SDG-08: Decent work and economic growth SDG-12: Responsible consumption and production SDG-10: Reduces inequalities 2025-07-03T12:45:06Z 2025-07-03T12:45:06Z 2025-09 2025 Thesis * S2025 http://hdl.handle.net/2263/103169 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 Uganda Bilateral investment treaties (BITs) Investment law reform Investor-state-dispute-settlement International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit |
| title | International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit |
| title_full | International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit |
| title_fullStr | International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit |
| title_full_unstemmed | International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit |
| title_short | International investment regime reform : integrating sustainable development into Uganda’s bilateral investment treaty system – a new model bit |
| title_sort | international investment regime reform integrating sustainable development into uganda s bilateral investment treaty system a new model bit |
| topic | UCTD Sustainable development Uganda Bilateral investment treaties (BITs) Investment law reform Investor-state-dispute-settlement |
| url | http://hdl.handle.net/2263/103169 |