A Comparative Analysis Of Balance Of Rights And Obligations Among The Major Actors Under Ethiopian Bits

Abstract

International regulation on overseas funding is one field of international law which governs the treatment of overseas investor and its investments in the territory of host nation. Bilateral investment treaties are the primary sources of international investment law, and it imposes the bulk of worldwide duties upon host States. By contrast, investors and home States have few, worldwide obligations. Global investment agreements, with few exceptions, have been completely targeted on developing rights for investors and legal obligations for host states. The proliferations of bilateral funding treaty have raised concerns over the extent to which international investment agreements is actually fair and capable to balance the interests of foreign investors and host States. The goal of this paper is to have a look at the balance of rights and obligations among the major actors under Ethiopian bilateral investment treaties. Through a comparative doctrinal evaluation, the thesis findings display that investors have enjoy significant rights consisting of national treatment, fair and equitable treatment, and MFN treatments under Ethiopian bilateral investment treaties, but conversely, do not have any binding obligations and it gives little opportunities to hold foreign investors responsible for the ones human rights, environmental, and labour rights violations which can be pertinent to investment. A probable way forward is the negotiation of a new generation of investment treaties, in addition to the renegotiation and revision of the present ones. Those changes are required in order to balance the rights and obligations of the major actors under Ethiopian Bilateral investment treaties. And the writer argued that the rights and obligations of host states and investors should be balanced in the interests of both. And in order to create a better balance within Ethiopian bilateral investment treaties, foreign investors should not simply have rights, but they ought to also assume obligations to admire human rights, environmental, and labour standards in Ethiopia as a host country. It is recommended that Ethiopia should to re-negotiate their present atypical BITs, to balance the rights and obligations among the major actors of Ethiopian bilateral investment