Expanding on panel discussions at the Atlanta Arbitration Society's Third Annual Conference, Enhancing Business Opportunities in Africa, Professor Becky L. Jacobs critically examines demands that states be removed from investor-state dispute settlement (ISDS). Professor Jacobs considers various critiques of, and reforms or adjustments to, existing ISDS systems that relate to states' rights to pursue legitimate public policy objectives. In reviewing data and details of African state involvement in ISDS, Professor Jacobs highlights an apparent 'diversity deficit' in the participation of African nationals as arbitrators and counsel in investment arbitrations, as well as proposals to include African nationals in ISDS systems.
Becky L. Jacobs,
A Perplexing Paradox: "De-Statification" of "Investor-State" Dispute Settlement?,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol30/iss1/3