The Substantive Standards of Treatment Commonly Invoked Against African States in ISDS

This chapter analyses three substantive standards most frequently invoked against African states in ISDS, i.e., fair and equitable treatment (FET), guarantees against expropriation, and full protection and security (FPS). It explores the origins, definitions, and variations of these standards as found in IIAs contracted by African states, particularly those based on old Western models. Against this background, this chapter lays the crucial foundation for understanding the shortcomings of these substantive standards in old-generation IIAs, which have triggered a legitimacy crisis in ISDS and a call for reform as analysed in the subsequent chapter from an African perspective.