Abstract
The thesis is entitled 'Conflict of law in investor-state arbitration and its impact on the regulatory autonomy of Ghana’. This research examines how arbitral tribunals have used Customary International Law (CIL) principles to undermine Article 181 (5) of the Constitution of Ghana. It is posited that this practice is highly problematic as Article 181(5) enshrines right to economic self-determination of the people of Ghana. In light of this, the thesis proposes a reformulation of international investment law to curtail investor-state arbitration's impact on the regulatory autonomy of Ghana.Thesis embargoed until 31 December 2024
Date of Award | Dec 2022 |
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Original language | English |
Awarding Institution |
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Supervisor | Billy Melo Araujo (Supervisor) & Marek Martyniszyn (Supervisor) |
Keywords
- International arbitration
- international investment agreement
- international law
- international investment law
- conflict of law
- Ghana
- 1992 constitution of Ghana
- arbitral tribunal
- ICSID
- UNCITRAL
- international investment agreement reform
- host state
- regulatory autonomy
- self determination
- economic self determination
- Article 181(5) of the 1992 Ghana
- investor-state dispute settlement
- investor-state arbitration