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 Periodical article |
 Leiden University catalogue |
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| Title: | The issue of discrimination in international investment law: the case of Mike Campbell and others V. the Republic of Zimbabwe revisited |
| Author: | Phiri, Layeni |
| Year: | 2011 |
| Periodical: | Zambia Law Journal (ISSN 1027-7862) |
| Volume: | 42 |
| Pages: | 197-248 |
| Language: | English |
| Geographic term: | Zimbabwe |
| Subjects: | foreign investments expropriation nationalization discrimination international agreements international law judgments |
| Abstract: | In order to attract and sustain foreign direct investment (FDI) host States have to create an attractive investment climate and must afford protection to the foreign investor. However, a host State has the right, as a matter of sovereignty, to regulate investments. One way this is done, is through expropriations and/or nationalizations. Discriminatory expropriations and nationalization however, are prohibited under international investment law. This article evaluates the various forms of foreign investment protection in relation to expropriation in Zimbabwe and assesses the requirements for lawfull expropriation and nationalization. The author addresses the complex issue of discrimination under international investment law, bringing to light the standard of fair and equitable treatment, and examining the contribution of the Campbell case to the foreign investment legislation concerning expropriation. He recommends that a comprehensive global treaty on investment provide for the definition, interpretation, application and exceptions pertaining to the core principles relating to protection against discriminatory expropriation and nationalization. Notes, ref. [ASC Leiden abstract] |