The International Law on Foreign Investments and Host Economies in Sub-Saharan Africa PDF Download

Author: Valentine Nde Fru
Publisher: LIT Verlag Münster
ISBN: 3643109741
Category : Law
Languages : en
Pages : 236

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Author: Yenkong Ngangjoh Hodu
Publisher: Manchester University Press
ISBN: 152615126X
Category : Law
Languages : en
Pages : 326

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Book Description
The 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.

Author: Laurence Cockcroft
Publisher: World Bank Publications
ISBN:
Category : Africa, Sub-Saharan
Languages : en
Pages : 74

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Book Description
Foreign investment is even less likely to meet Sub-Saharan Africa's rising foreign exchange and savings gaps in the 1990s than in the dismal 1980s. Investors interested in Sub-Saharan Africa are more likely to commit technology and management than equity capital. Economic activity and overall economic policy may be more effective at raising the total volume of investment than special fiscal and other incentives.

Author: Fola Adeleke
Publisher: Routledge
ISBN: 1351998811
Category : Business & Economics
Languages : en
Pages : 211

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Book Description
This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 9780521465281
Category : Law
Languages : en
Pages : 454

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Book Description
The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.

Author: Luis Tomás Montilla Fernández
Publisher: Springer
ISBN: 331965280X
Category : Law
Languages : en
Pages : 344

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Book Description
This book analyses large-scale land investments for agricultural purposes in Africa’s least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries’ local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.

Author: Jacques Morisset
Publisher: World Bank Publications
ISBN:
Category : Africa, Sub-Saharan
Languages : en
Pages : 26

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Book Description
A few Sub-Saharan countries, by improving their business environment, have begun to attract more substantial foreign direct investment than other African countries with bigger domestic markets and greater natural resources. Like Ireland and Singapore, perhaps they can become competitive internationally and attract sustainable foreign direct investment.

Author: Tullio Treves
Publisher: Routledge
ISBN: 1135071896
Category : Law
Languages : en
Pages : 434

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Book Description
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

Author: Laurence Boulle
Publisher: Siber Ink
ISBN: 1920025928
Category : Business & Economics
Languages : en
Pages : 240

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Book Description
International Economic Law and African Development discusses international perspectives on African law and economic development in the light of broader globalisation imperatives. It is the third in what can loosely be described as a series on Africa and gobalisation by the Mandela Institute, the first two being Globalisation and Governance and International Economic Law - Voices of Africa.

Author: Lorenzo Cotula
Publisher: Routledge
ISBN: 1136600027
Category : Business & Economics
Languages : en
Pages : 204

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Book Description
In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.