South Africa is moving away from international investment treaties towards a new framework for investment protection based on domestic law. Contrary to some opinions, there are cogent arguments in favour of this approach.
In the 2012 report Profiting from Injustice, jointly published by Corporate Europe Observatory and the Transnational Institute, we boldly asserted that law firms, arbitrators and third-party funders have, over the past two decades, helped maintain an investor-biased arbitration system and have fuelled the rise in investor-state disputes.
During the CELAC-EU President Summit in Chile, some Latin American governments rejected the inclusion in the final declaration of the proposed EU wording in support of providing foreign investors legal certainty. To understand why, we need to look at the industry behind investment arbitration.