may-2006-bits-workshop-record-web-148326159f18d1ad.pdf

This briefing records a roundtable discussion featuring Luke Eric Petersen on the implications of South Africa's Bilateral Investment Treaties (BITs) for development and human rights. The discussion highlights how these treaties may restrict South Africa's regulatory space, particularly regarding Black Economic Empowerment (BEE) policies and poverty eradication, and calls for a detailed review of existing agreements to ensure alignment with domestic policy objectives.

• South Africa has negotiated at least 42 foreign investment protection treaties, primarily with Western countries and some in Latin America, to assure foreign investors of protection. However, these treaties are no longer viewed as benign and are seen to impinge on the country's regulatory space and ability to regulate investment.
• There is a conflict between BIT obligations and South Africa's domestic policies, specifically Black Economic Empowerment (BEE). Some treaties with European countries lack exceptions for BEE, and the level of compensation for expropriation promised under BITs is higher than that mandated by the South African constitution. South Africa has already received a notice of lawsuit in the mining sector related to BEE policies.
• The roundtable identified several systemic issues with BITs, including vague treatment standards, a lack of obligations for investors (meaning governments cannot sue investors for failing to meet promised performances), and a lack of transparency in arbitration, which typically relies on confidentiality and lacks precedent systems.
• Participants emphasized the need for a detailed review of existing treaties to address loopholes and ensure they are in sync with goals like poverty eradication and redressing past imbalances. Recommendations include amending treaties, increasing public scrutiny and transparency during negotiations, and investing in legal defense for disputes.

APA

South African Institute of International Affairs (2006). may-2006-bits-workshop-record-web-148326159f18d1ad.pdf. https://saiia.org.za/wp-content/uploads/2008/04/May-2006-BITS-Workshop-Record-web.pdf

Chicago

South African Institute of International Affairs. may-2006-bits-workshop-record-web-148326159f18d1ad.pdf. 2006. https://saiia.org.za/wp-content/uploads/2008/04/May-2006-BITS-Workshop-Record-web.pdf.

Wikipedia

{{cite report |author=South African Institute of International Affairs |title=may-2006-bits-workshop-record-web-148326159f18d1ad.pdf |date=10 May 2006 |url=https://saiia.org.za/wp-content/uploads/2008/04/May-2006-BITS-Workshop-Record-web.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{southafricaninstituteofinternationalaffairs2006may2006bitsworkshoprecordweb148326159f18d1adpdf, author = {{South African Institute of International Affairs}}, title = {{may-2006-bits-workshop-record-web-148326159f18d1ad.pdf}}, institution = {South African Institute of International Affairs}, year = {2006}, month = may, url = {https://saiia.org.za/wp-content/uploads/2008/04/May-2006-BITS-Workshop-Record-web.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }