
Prosecution of the host state in international investment law
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Litigation in international investment law is undoubtedly that which brings together a private individual and a State, providing the former with protection against the latter. Elements of the former rub shoulders with those of the latter, which are no less important. The matter is, in a sense, "hybrid", and in this respect it is relatively new, at least in its contemporary form. This is particularly true in Africa. For most African states are struggling to develop, and possibly in a legal environment that is increasingly favorable to foreign investors. This pursuit of the state is presented in...
Litigation in international investment law is undoubtedly that which brings together a private individual and a State, providing the former with protection against the latter. Elements of the former rub shoulders with those of the latter, which are no less important. The matter is, in a sense, "hybrid", and in this respect it is relatively new, at least in its contemporary form. This is particularly true in Africa. For most African states are struggling to develop, and possibly in a legal environment that is increasingly favorable to foreign investors. This pursuit of the state is presented in contrasting ways. Suffice it to say that it is characterized by a variety of mechanisms, both in terms of the nature of the obligation and the plurality of prosecuting bodies. However, it remains relatively difficult to implement. A difficulty that is both preliminary to and relative to the pursuit.