The interaction between public procurement policies and international investment agreements: challenges and legal implications in Kenya and South Africa
Background and context: International investment agreements refer to ‘agreements regarding a State’s treatment of investments made by individuals or companies from another State.’13 According to the International Centre for Settlement of Investment Disputes (ICSID), these may be bilateral such as bilateral investment agreements (BITs), multilateral, sectoral and either standalone or part of investment chapters in a free trade agreement (FTAs)—and are variously referred to as international investment treaties or IIAs.14 IIAs usually include provisions that commit a host country to adhere to specific treatment standards when dealing with foreign investors or foreign direct investment15 (FDI) from the other counterpart country.16 In addition, they grant foreign investors the right to have recourse to investor-state dispute settlement (ISDS) mechanisms to resolve disputes with a host country. While IIAs are designed to promote FDI, this research hypothesises that IIAs significantly constrict the ability of Kenya and RSA to use social policies in their public procurement framework to promote socioeconomic development of their nationals.
Bilateral investment agreements, Public procurement policies, International investment agreements, Kenya, South Africa
Networked Digital Library of Theses and Dissertations