Emerging Market Economies and International Investment Law: Turkey-Africa Bilateral Investment Treaties

By Ofodile, Uche Ewelukwa | Vanderbilt Journal of Transnational Law, October 2019 | Go to article overview

Emerging Market Economies and International Investment Law: Turkey-Africa Bilateral Investment Treaties


Ofodile, Uche Ewelukwa, Vanderbilt Journal of Transnational Law


TABLE OF CONTENTS     I. INTRODUCTION                                                   953   II. TURKEY-AFRICA RELATIONS: BACKGROUND AND ECONOMIC DIMENSIONS    962       A. Background                                                  962          1. Turkey-Africa Relations: Before 1923                     962          2. Turkey-Africa Relations: Between 1923 and 1998           963          3. Turkey-Africa Relations: After 1998                      963       B. Economic Dimensions                                         964          1. Foreign Direct Investment                                965          2. Trade                                                    965          3. Development Assistance                                   966       C. Political/Diplomatic Cooperation                            968          1. Bilateral Relations                                      969          2. Relations with Continental and Subregional               970             Organizations       D. Global Governance/Multilateralism                           972  III. TURKEY-AFRICA RELATIONS: EMERGING LEGAL AND INSTITUTIONAL      973       FRAMEWORK       A. Legal Instruments in Turkey-Africa Relations                973       B. Principles That Underpin Turkey-Africa Relations            975       C. The Agenda for Turkey-Africa Cooperation                    976       D. Turkey-Africa Relations: Emerging Institutional Framework   976   IV. TURKEY IN AFRICA: FOREIGN POLICY TOOLS AND INSTITUTIONS        977       A. Turkey s Display of Soft Power in Africa                    978       B. Turkey's Foreign Policy Institutions                        980          1. Turk Eximbank                                            981          2. Foreign Economic Relations Board (DEIK)                  982          3. Turkish Cooperation and Coordination Agency (TIKA)       982    V. TURKEY-AFRICA BILATERAL INVESTMENT TREATIES                    984       A. Trends of Turkey-Africa BITs                                984       B. Investor Protection Elements in Turkey-Africa BITs          985          1. National Treatment                                       986          2. Most Favored Nation Treatment                            987          3. Absolute Standard of Treatment: Fair and Equitable       987             Treatment, Full Protection and Security, and             Nonimpairment          4. Protection Against Expropriation                         989          5. Right to Transfer Capital                                991          6. Transparency Obligations                                 992          7. Investor-State Dispute Settlement                        993       C. Sustainable Development Elements in Turkey-African BITs     994          1. Economic Development in the Preamble                     996          2. Scope of Application Clause                              998          3. Postestablishment Rights: the Right of Host State to     999             Restrict Admission of Investor/Investments          4. General Exception                                       1000          5. Limits on Expropriation                                 1002          6. The "Not Lowering of Standards" Clause                  1003          7. Nonderogation Clause                                    1004          8. Limits on Investor Rights and Guarantees                1005   VI. TURKEY-AFRICA BILATERAL INVESTMENT TREATIES: A CRITIQUE       1006       A. Turkey-Africa BITs: Missing Elements                       1007          1. Sustainable Development Not Explicitly Mentioned as a   1007             Treaty Objective          2. Corporate Social Responsibility Ignored                 1009          3. Lack of Policy Space in "Old-Generation" BITs           1012          4. Legal Minefields Arising from Broad and Vague           1015             Obligations          5. Variations among Turkey-Africa BITs                     1020          6. Development Dimension not Prioritized                   1021          7. … 

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