International Investment Law

It could be boldly stated that Collins Ajibo, through his book titled The African Continental Free Trade Area Agreement: Legal and Policy Frameworks, sets out to fill this gap. The book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. Its analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. It also illustrates the complex interplay of diverse factors that shape the AfCFTA. In doing so, the book accomplishes these by providing interpretative guidance on the AfCFTA; providing guidance to traders, investors, and businesses to optimise opportunities afforded by the AfCFTA; and proffering suggestions to make the AfCFTA successful, that is to achieve sustainable development, Sustainable Development Goals, and other extant objectives. However, the book notes that the realisation of the above objectives is hugely dependent on the low development dynamics.

Ajibo’s The African Continental Free Trade Area Agreement: Legal and Policy Frameworks offers a comprehensive analysis of the African Continental Free Trade Area (AfCFTA) Agreement, its challenges, prospects, and recommendations for future directions. The book equally explores the AfCFTA Agreement’s expected impact on economic growth, regional integration, and legal harmonisation, together with its Protocols, thereby serving as the go-to text for students, researchers, and legal practitioners interested in the ambitious goals of the AfCFTA Agreement. Although other textbooks have been written about the AfCFTA, Ajibo painstakingly adds some twists to this text as he examines the AfCFTA Agreement together with its protocols, such as the Protocols on Trade in Services, Trade in Goods, Investment, Intellectual Property, Rules on Dispute Settlement, and Competition Policy.

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

Embarking on an academic career is both exciting and challenging, particularly for legal researchers in the early stages; however, navigating the complexities of academic publishing can be daunting. This workshop is tailored to support early career scholars by providing a comprehensive overview of the publication process in JWIT. Participants will gain valuable insights into crafting a scientifically rigorous article with guidance on every phase from the initial draft to the final peer review.

With the recent decision by the African Heads of States to adopt the Protocol on Investment to the Agreement Establishing the African Continental Free Trade Area, Dr Dominic Dagbanja’s monograph on The Investment Treaty Regime and Public interest in Africa is a welcome addition to the growing list of monographs on Africa’s foreign investment law regimes. This book which is a based on Dr Dagbanja’s 2015 doctoral dissertation provides an original contribution to existing literature by focusing on the constitutionality of investment treaties. It deals with themes and issues which are critical for understanding Africa’s complex foreign investment protection and promotion laws. Although scholars have examined the linkages between constitutional law and international investment law notably using case studies from Europe and Latin America, this is the first monograph to focus on this issue from an African perspective.

A fundamental premise of The Investment Treaty Regime and Public Interest Regulation in Africa is that national constitutions “are supreme in the hierarchy of legal norms within the domestic context, and governmental actions in Africa, including the making of investment treaties, are governed by these fundamental legal norms.” In this monograph, I addressed, then, the question of the limits that national constitutions and the right of African states to regulate in international law place on the authority of African states in their conclusion of international economic treaties such as investment treaties. I examined four different and fundamental areas of public interest: national judicial systems, the environment, human rights, and development. Based on a constitutional-general international law imperatives analysis, I developed the imperatives theory as a theoretical framework to explain the conflict of legal norms and interests through a critical analysis of the intersections of public law and policy and international investment treaties. The issue addressed by the imperatives theory is whether the fundamental human rights and corresponding obligations of African states towards citizens under African constitutions, international environmental treaties and international human rights treaties do place or should place, limitations on the competence of African states to conclude investment treaties the terms of which constrain the exercise of the states’ public interest regulatory authority.

The workshop aims to gather scholars and practitioners interested in exploring - theoretically, doctrinally, empirically, comparatively, critically, and otherwise - the nature of international investment contracts in different contexts and its implications for elaborating transnational standards.

The aim of this post is to illustrate how the MIC can be used as a tool for harmonising international investment law (IIL) with general international law and other branches of international law. The increase in investor state arbitrations has led to a growing increase in the overlap between investment obligations and environmental, human rights and other international obligations. This may cause conflicts between the different branches of international law where more than one branch of international law is implicated in the investment dispute. This has led to the fragmentation of international law with calls to rebalance the system to allow for the consideration of broader public international law in the settlement of investor-state disputes.

The webinar brings two together the authors of two new books on the subject of international investment law in Africa and three expert panelists to interrogate thematic issues that arise from the books; their implication for contemporary practices of international investment law in Africa and beyond; and what insights we may draw on them for the future of the regimes on investment law in Africa.