The Proposed MIC: Crucial Considerations for Acceptance by African States

Building on the preceding chapters, this chapter examines the crucial factors that must be addressed within the framework of an MIC to avoid replicating the shortcomings of the traditional ISDS system. Emphasising the pursuit of sustainable development within its three pillars (economic development, social development, and environmental protection) as the driving force behind ISDS reform in Africa, this chapter demonstrates how the universality of these SD objectives could inspire the development of an MIC that not only focuses on investment protection but also safeguards the SD objectives of its members. Undeniably, achieving this feat would require both substantive and procedural law reform, and this chapter argues why and how this is possible within the proposed MIC framework.