International Finance Corporation

Although developing countries are very eager to attract FDI through BITs, for most parts, they deliberately water down the environmental concerns. However, recently we have witnessed the incorporation of environmental standards and provisions in BITs. This ambitious effort however is usually frustrated by decisions of international arbitration tribunals.

This contribution focuses on the inequalities that result within countries as a result of the activities of the oil and gas industry and which endure in spite of the local content policies that are adopted. Without endorsing local content as a legal/policy option that captures the position of local communities regarding the oil and gas industry, it argues that it is necessary to clarify the definition of local content because if the scope of local content is unknown, there is a likelihood that it will remain difficult to determine whether goals are being met especially with regard to host and impacted communities.

Local communities, for their part, consider investor responsibility a necessary part of the fabric of international law and politics. While the AU works towards framing business and human rights in Africa along with global developments regarding a treaty on business and human rights and treaties such as the Morocco/Nigeria BIT, African peoples and communities continue to adopt available mechanisms as avenues for communicating their positions on these important issues and exercising agency on a subject that is of utmost importance to their wellbeing.

Afronomicslaw.org invited submissions on the teaching of international economic law, (IEL), in Africa to reflect on a number of questions. We asked the contributors to reflect on these questions: What materials did you use to teach? What teaching style did you adopt? Did you center Africa or make the materials relevant to an African context in the materials you used and if so how? For example, did you use of African case studies; or use African-specific materials (e.g. books, articles, cases, treaties)? Was the class required? How many enrolled in the class? How did you determine grades in the class? Did class participation count towards the grade? Did you have prior background in the area when you first taught the course e.g. in your graduate school education, in your research and scholarship, in practice? How would you say the students received the course? Did they find it interesting, relevant, or indifferent?