Sustainable Development Goals

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.

Sub-regional judiciaries and implementing bodies in Africa should endeavour to avoid what the Kagame Report termed ‘[t]he chronic failure to see through African Union decisions [which] has resulted in a crisis of implementation.’ Hence, ECOWAS and the ECCJ should apply political pressure on Member States to implement the ECCJ judgments. Also, dualist countries in the sub-region should domesticate the Revised Treaty and the Protocol on the ECCJ into their national laws. This will enhance the implementation of the ECCJ decisions in the sub-region.

The UNIDROIT-FAO-IFAD Legal Guide on Agricultural Land Investment Contracts (The Guide) is a tool to promote responsible agricultural foreign investment. Many international organisations insist that more private investment is needed to meet the sustainable development goals (SDGs). Agricultural foreign investment, particularly, is central to a world with no poverty (SDG 1) and no hunger (SDG 2) (The Guide 2019, 10, 13), but the link between foreign investment and these goals should not be taken for granted. Foreign investment can probably promote these and other SDGs; however, it also creates costs and risks.

the responsibility to build a nation rests upon its policy-makers, lawyers and accountants. It is a collective one. The next step is to bring all stakeholders to the round-table and contribute to the global tax system from a protectionist standpoint. The lure of subscribing to the global fiscal commons must be tempered with the need to protect the tax bases and revenue of the fiscal sovereign. The time to act is now and right.

While international trade has undergone significant structural changes recently, particularly with the proliferation of new generation of free trade agreements (FTAs), the debate on the consequences of IIAs for sustainable development continues to widen and intensify. In effect, while there has been fundamental changes in the international investment landscape in terms of players (now comprising state-owned enterprises and sovereign wealth funds) and FDI direction (with emerging economies now being, not only recipients, but increasingly home states), governments are also now adopting industrial policies and development strategies that contrast with their erstwhile hands-off approach to economic development.

Attracting foreign investment while holding transnational corporations to account for any human rights transgressions is by no means an easy feat. It will require that a careful balance be struck between the interests of the host State and its people, and that of private actors expecting good risk-return ratios in pursuit of the bottom line. Although international mechanisms such as the United Nations Committee on Economic, Social and Cultural Rights have long endorsed accountability for transnational corporations, a zero draft international convention to regulate this issue has only recently been developed.

This book symposium is about a new era of international investment norms in Africa. The discussion focuses on how to foster cooperation between African states and foreign investors in implementing sustainable development objectives and addressing global challenges. Several traditional investment treaties offer investors broad rights and protections that are backed by strong dispute settlement mechanisms. In the same vein, States have historically committed to non-reciprocal obligations in investment treaties that are seen as significantly limiting the policy space of states.

As we approach the expiration of the Cotonou Agreement in early 2020, the time is now for the Caribbean to enter into the negotiating arena with our loins girded with belts of truth about our reality. A reality that is characterized by simultaneous integration and fragmentation; a reality in which we are physically small but geopolitically large; a reality where our small size must be seen as buoyant, agile, proficient strength as we navigate the global arena. A reality where our mature and battered regional institutions must now be renovated and become fit for our future purposes.

Over the past two decades, a number of factors have disrupted the Cotonou acquis. The opportunity to regenerate the ACP-EU relationship on new terms requires the parties to respond to challenges at the international, regional and domestic levels. At the global level, we have witnessed the declining influence of the USA and the EU on the international stage as emerging economies, like China and India, gain more economic and political power. As the EU’s leverage is not as significant as it was when the CPA was signed almost twenty years ago, multipolarity may present an opportunity for the ACP countries to diversify their partnerships and forge new relationships with non-EU countries.

The necessity to change the measurement strategy of the AGOA and ACP-EU trade agreements presents a challenge not only to African countries but also to the US and the European Union to establish a common understanding on the need to widen the scope of the measure. All the partners involved require a comprehensive measurement strategy to quantify the real impact of AGOA and ACP-EU on people’s lives.