Codel assignment cover 2021 academic year

Domestic and non-domestic mechanisms for the protection of rights

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RT KAMBIDJI MINING LAW 1

Domestic and non-domestic mechanisms for the protection of rights
acquired by non-nationals
To date, there are in excess of 3,000 treaties that safeguard the rights of foreign investors from certain internationally unlawful acts, such as expropriation without fair market value recompense. These treaties,
applicable to both Namibia and South Africa, and which consider Bilateral
Investment Treaties (BITs), likewise frequently include provisions permitting
43
LEX Africa. Available at https://lexafrica.com/;
last accessed on 5 April 2021.
44
Ibid.
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No. 71 of 2008.
46
No. 28 of 2002.

foreign investors to ascent claims for those internationally unlawful acts before neutral international arbitration tribunals.
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Nonetheless, since 2012, and founded on its concerns that such provisions will impede with its national priorities, the South African government has terminated BITs it has concluded with other nations and failed to validate many other BITs it subscribed to.
Hence, South Africa unlike Namibia, is only bound by 12 remaining BITs to date. In 2015, South Africa published its Protection of Investment Act
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, which came into effect on 13 July 2018. In essence, the Act
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is applicable to all investments made in conformity with its provisions and its function was apparently to onslaught a proportionality between the competing interests of the State and foreign investors.

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