BILATERAL INVESTMENT TREATIES A CASE STUDY OF KENYA

Abstract

Bilateral investment treaties have been for long used by States in an attempt to increase flow of foreign direct investment to their economies. Whereas whether these treaties lead to increased FDI is a subjective issue, what is most important is the actual BITs. BITs as legal instruments must favor both parties to the treaty for each to achieve its desired outcome. It is then paramount that they are examined in light of their provisions by States o that they can negotiate them from a position of knowledge and further bargain for favorable provisions. This paper will analyze BITs signed between Kenya and other countries with the aim of demonstrating that most of her BITs need review. Further, it will show areas where Kenya can improve in negotiating its BITs and which provisions she should focus on. It will also make suggestions on legal and policy areas Kenya needs to re-evaluate in order to strengthen its BIT regime and subsequently reap the benefits economically.