The Existing ISDS System and Its Criticism from an African Perspective

This chapter critically examines the existing ISDS system from an African perspective. With pertinent case examples, it highlights two issues: first, the undesirable effect generated by the application of outdated substantive standards in disputes involving African states, and second, how the ISDS procedure itself, as applied by arbitral tribunals, has contributed to the increasing disenchantment with traditional ISDS in Africa. This sets the stage for a deeper analysis in Chap. 4 on how the proposed MIC can be designed to avoid the shortcomings of traditional ISDS, making the court an attractive alternative to traditional ISDS in Africa.