n Without Prejudice - The dti's embarrassing blunder on bilateral investment treaties : trade law

Volume 15, Issue 11
  • ISSN : 1681-178X



At the time of writing, as we wait for the Parliamentary Portfolio Committee on Trade and Industry to resume its clause-by-clause analysis of the controversial Promotion and Protection of Investment Bill, it is important to interrogate the rationale behind this Bill as a whole. A sober inquiry reveals a costly misstep by the Department of Trade and Industry (dti) in its treatment of the country's bilateral investment treaties (BITs), which the Bill is supposed to replace. In fact, it appears that the dti's approach to the termination of BITs has been astonishingly self-defeating.

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