African perspectives in international investment law
African perspectives in international investment law
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Abstract
This long-awaited volume featuring contributions from top African international lawyers and voices from the continent critically explores the notion of international investment law from an African perspective. It does so by confronting some of the very hard questions with regard to the relationship between international investment and development that have either eluded or not been properly addressed in contemporary scholarships. After many years of popularity, investment treaties have recently caused increasing concern among States, most prominently for the unbalanced nature of their content, the often inadequate safeguard of the regulatory powers of the host State and the shortcomings of international investment arbitration. Some States have upgraded their investment treaties, others have revised their investment treaty model, and others have opted for facilitation agreements. This innovative monograph critically explores all these contentious issues from a multidisciplinary perspective.
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Front Matter
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Introduction
Yenkong Ngangjoh Hodu andMakane Moïse Mbengue
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Part I Sustainable development and the changing fundamentals of international investment law in Africa
Parveen Morris-
1
The development of international investment law in Africa
Maurice Kamto
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2
Global reform versus regional emancipation: the principles on international investment for sustainable development in Africa
Jean d’Aspremont andAlicia Köppen
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3
Foreign investment treaties and the sovereignty of developing host States: ants riding elephants?
Justice Osei-Afriyie
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4
Les contrats miniers déséquilibrés à l’épreuve des Principes d’Unidroit relatifs aux contrats du commerce international
Mahamat Atteib
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5
The politics of international technology transfer: the imperative of host State measures
Collins C. Ajibo
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6
Accountability of multinational corporations for human rights violations in investment regimes in Africa
Alain-Guy Sipowo
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1
The development of international investment law in Africa
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Part II Experiences of selected African countries with international investment law
Parveen Morris-
7
The constitutional limitations on enforcement of arbitral awards in Ghana
Dominic Npoanlari Dagbanja
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8
Rethinking the promotion and protection of foreign investments: South Africa’s Protection of Investment Act 22 of 2015
Tarcisio Gazzini
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9
Electoral democracy, foreign capital flows and the human rights infrastructure in Nigeria
Victor Adetula andOlugbemi Jaiyebo
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7
The constitutional limitations on enforcement of arbitral awards in Ghana
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Part III African perspectives on contemporary challenges of investment dispute settlement
Parveen Morris-
10
Quo vadis international investment law in Africa?
Francis N. Botchway andMohamed Salem Abou El Farag
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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
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12
The Investment Court System proposed by the European Union: what does it mean for Africa?
Stefanie Schacherer
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Conclusion
Laurence Boisson de Chazournes
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10
Quo vadis international investment law in Africa?
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End Matter
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