Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment
Mini Dissertation (LLM)--University of Pretoria, 2021.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2021
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613644420808704 |
|---|---|
| access_status_str | Open Access |
| author2 | Kabre, Rimdolmsom Jonathan |
| author_browse | Kabre, Rimdolmsom Jonathan |
| author_facet | Kabre, Rimdolmsom Jonathan |
| collection | Thesis |
| dc_rights_str_mv | © 2019 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)--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82900 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:25.358Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/82900 Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment Kabre, Rimdolmsom Jonathan jokore42@gmail.com Okore, Jack Jayalo Foreign direct investment (FDI) UCTD Mini Dissertation (LLM)--University of Pretoria, 2021. Traditionally, BITs have been faulted for their imbalanced approach in apportioning rights and obligations on investors and the host state. This imbalance created dissatisfaction in capital-importing states necessitating the need for a decisive break from the past. This development fueled the urge for reform and progressively, BITs and IIAs with a more balanced approach became a priority wish by many capital-importing states. As a result of this, BITs and IIAs concluded post 2000 have strived to incorporate a balance between rights and obligations of the host state and the investors. The devastating effects of corruption in governance cannot be overemphasized. The effects of corruption are inter-generational and the earlier the vice was dealt with, the better. Corruption has permeated investments by foreign investors making it a key concern for international investment law. The challenges of neutrality and difficulty in proving corruption have presented hurdles in tackling this problem and a nightmare in investment arbitration. The existence of corruption in investment and the extensive use of corruption as a defence in investor-state arbitration places corruption as a subject of direct address by international investment law. This research examines whether BITs signed by Kenya have been responsive in dealing with corruption. This case study is relevant in Kenya being a hot-bed of corruption and consequently experiencing the adverse effects of corruption in FDI attraction. The study therefore bears the burden of advocating for a BIT regime that incorporates direct provisions on anti-corruption in Kenya following the experience of other BITs and IIAs which harbor strong and progressive anti-corruption provisions. Centre for Human Rights LLM Unrestricted 2021-11-30T07:44:59Z 2021-11-30T07:44:59Z 2021-12-10 2021-12 Mini Dissertation * Okore, JJ 2021, Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment, LLM thesis, University of Pretoria D2021 http://hdl.handle.net/2263/82900 en © 2019 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 | Foreign direct investment (FDI) UCTD Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment |
| title | Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment |
| title_full | Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment |
| title_fullStr | Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment |
| title_full_unstemmed | Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment |
| title_short | Strengthening The Regulatory And Institutional Framework In Kenya To Curb Corruption In Foreign Direct Investment |
| title_sort | strengthening the regulatory and institutional framework in kenya to curb corruption in foreign direct investment |
| topic | Foreign direct investment (FDI) UCTD |
| url | http://hdl.handle.net/2263/82900 |