1. UKM Learning and Research Repository
2. Master Thesis / Tesis Master
3. Faculty of Law / Fakulti Undang-undang

Title:	The effect of bilateral investment treaties on the sovereignty of developing countries
Authors:	Akpoviri Frank Irikefe (P49097)
Supervisor:	Aisha Bidin, Professor
Issue Date:	18-Mar-2013
Description:	The last two decades witnessed a proliferation of bilateral investment treaties (BITs). These are agreements between two countries for the promotion and protection of foreign direct investments (FDIs) - the investments owned or controlled by nationals and corporations of one country in the territory of the other. Most BITs are signed between developed, and developing countries. To developing countries, the signing of BITs is important for the promotion of economic development through the attraction of FDIs. However, it remains uncertain whether these treaties actually promote FDIs to developing countries. Additionally, developing countries incur several costs from signing them. This thesis analyses the effect of BITs on the sovereignty of developing countries, as one of the costs associated with the signing of such treaties. The analysis is important because sovereignty is indispensable to a country's ability to run its affairs effectively, and realise its developmental goals. Relying on a qualitative research methodology, involving literature from primary and secondary sources, the thesis argues that BITs curtail the autonomy and control of developing countries over their affairs. This is especially with regard to their ability to adopt measures necessary for the protection of human rights, national security, the environment, and disadvantaged groups in the society. Rather than promoting the economic development of developing countries, as widely claimed, BITs are more concerned with the protection of foreign investors in developing countries. In the process, they undermine developing countries' right to development. These findings should stimulate debates, and provide a basis for developing countries to ponder their continued involvement in BITs, as well as the terms for doing so. It is suggested that, in their quest for FDIs, the implementation of internal reforms, such as human capital development, the maintenance of appropriate physical infrastructure, effective governance institutions, political stability, and optimal protection of property rights, may be a better strategy for developing countries than the signing of BITs.,Master / Sarjana
Pages:	218
Call Number:	tesis C49.AKP 2013 2
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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