Bibliographie sélective OHADA

Performance requirements are part of a system of policy measures implemented by states to advance their economic, social and political objectives. A universally agreed upon definition of performance requirements is not available. Rather they are defined by the applicable legal norms and their assessment is dependent upon their effect on the parties of each individual case. The scope of legal protection these regulations provide must be measured separately for each norm within the scope of the specific legal framework. This dissertation has two objectives: First, the implementation and legal effect of performance requirements in international investment and trade law are investigated. Secondly, a legal test will be developed, that allows for an assessment of performance requirements. In a first step, the legal treatment of performance requirements will be analyzed from a theoretical perspective. Subsequently, the legal practices relating performance requirements and the relevant provisions in international investment and trade law will be identified. The developed legal test does not only do justice to the economic, social and political framework within which each performance requirement must be looked at but is also adaptable in a way that it can be applied to a variety of situations and legal traditions. It satisfies both the demands of legal certainty and clarity as well as facilitating the finding of justice on an individual basis. Understanding the advantages of foreign direct investment, the analysis performed aims promote the usage of performance requirements in a way that foreign direct investment will push the global economy forward.