Incorporating public policy in investor - state arbitration - A Case study of Africa and Kenya

Abstract

Investor-state arbitration has been criticized as a tool for neo-colonial domination. Developing states have decried investment arbitration for encroaching on their sovereign duty to pursue sustainable development objectives and favouring the protection of investors ‘rights. This study calls for the incorporation of public policy in the investor-state dispute resolution framework. This will ensure that the constitutive framework and dispute resolution spheres of investor-state arbitration are comprehensively balanced. This will ensure that the protection of foreign investments does not inhibit the ability of states to act in the pursuit of sustainable development.