Fighting Bribery and Corruption in Africa: From AU and OECD conventions to a general principle of international investment law
Over the past 15 years, there has been a growing effort to adopt measures to tackle bribery and corruption, ranging from international legal instruments such as the OECD Anti-Bribery Convention and the AU Anti-Corruption Convention to soft-law initiatives and measures from multinational companies themselves. This ITN Insight by Guy Marcel Nono summarizes some of the key attributes of the AU and OECD conventions, along with these other initiatives. The author then catalogues a series of ISDS cases that involved bribery between OECD investors and African states, looking at the lessons that can be learned as African states examine possible next steps in addressing corruption. These cases, adjudicated by ICSID tribunals, provide useful indications of how IIAs could be reimagined so that they are better suited to tackling such challenges. The author also highlights the role that civil society organizations could play in this context.