Description
Book SynopsisThe tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture.
This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.
Table of ContentsIntroduction – Yenkong Ngangjoh Hodu and Makane Moïse Mbengue
Part I: Sustainable development and the changing fundamentals of international investment law in Africa
1 The development of international investment law in Africa – Maurice Kamto
2 Global reform versus regional emancipation: the principles on international investment for sustainable development in Africa – Jean d’Aspremont and Alicia Köppen
3 Foreign investment treaties and the sovereignty of developing host States: ants riding elephants? – Justice Osei-Afriyie
4 Les contrats miniers déséquilibrés à l’épreuve des Principes d’Unidroit relatifs aux contrats du commerce international – Mahamat Atteib
5 The politics of international technology transfer: the imperative of host State measures – Collins C. Ajibo
6 Accountability of multinational corporations for human rights violations in investment regimes in Africa – Alain-Guy Sipowo
Part II: Experiences of selected African countries with international investment law
7 The constitutional limitations on enforcement of arbitral awards in Ghana – Dominic Npoanlari Dagbanja
8 Rethinking the promotion and protection of foreign investments: South Africa’s Protection of Investment Act 22 of 2015 – Tarcisio Gazzini
9 Electoral democracy, foreign capital flows and the human rights infrastructure in Nigeria – Victor Adetula and Olugbemi Jaiyebo
Part III: African perspectives on contemporary challenges of investment dispute settlement
10 Quo vadis international investment law in Africa? – Francis N. Botchway and Mohamed Salem Abou El Farag
11 Les avantages pour l’Afrique de l’arbitrage transnational, moyen prioritaire de règlement des différends relatifs aux investissements directs étrangers – Richard Albert Makon Ma Mbeb
12 The Investment Court System proposed by the European Union: what does it mean for Africa? – Stefanie Schacherer
Conclusion – Laurence Boisson de Chazournes
Table of cases
Index
