The human rights case for robust “in accordance with domestic law” provisions in Africa’s international investment law

This article argues that African states should proactively and intentionally use accordance provisions to launch counterclaims against investors that violate domestic legislation enacted to protect human rights. Stand-alone accordance provisions can allow states to set their own standard for corporate liability even where international human rights law—and the arbitrators interpreting it—lags behind.

The need for “Africa-focused” arbitration and reform of Tanzania’s Arbitration Act

Over the last several years, the government of Tanzania has enacted significant changes to the legislation governing foreign investment in natural resources, and related dispute settlement mechanisms, with the aim of ridding the sector of the vestiges of “colonial” relationships. Before discussing these changes, and in order to understand the rationale for them, this article first provides the relevant historical context of international arbitration in Africa.

News  |  October 5, 2020

U.S.–Kenya FTA negotiations underway

The U.S. and Kenya formally launched negotiations on the US–Kenya FTA on July 8, 2020. If concluded, the agreement would be the first bilateral trade agreement between the U.S. and a sub-Saharan African state.

News  |  June 20, 2020

COVID-19 Pandemic Pushes Back Start Date for AfCFTA Entry into Force

The entry into force of the African Continental Free Trade Area (AfCFTA) has been delayed due to the Covid-19 pandemic, according to the Secretary General of the AfCFTA Secretariat, Wamkele Mene. The first phase of the agreement will now take effect by January 2021 at the earliest.

News  |  September 19, 2019

African Continental Free Trade Agreement (AfCFTA) operational phase kicks off, with eyes on implementation and Phase II talks, including investment

The African Union formally kicked off the operational phase of the African Continental Free Trade Agreement (AfCFTA) during a high-level summit in Niger in early July 2019 that brought together heads of state and government from across the continent.

News  |  June 27, 2019

AfCFTA enters into force; Phase II on investment, competition, IPRs to last through 2020–2021

The African Continental Free Trade Area (AfCFTA) entered into force on May 30, 2019, with the first phase of the deal taking effect for 24 countries. An extraordinary summit on the trade agreement is planned for July 7, 2019 in Niamey, Niger, while Phase II negotiations on intellectual property rights (IPRs), investment and competition policy are expected to take at least another year.

Transforming Agriculture in Africa & Asia: What are the policy priorities?

This report uses a first-of-its kind analytical framework that tracks the performance of 117 countries over 45 years to understand which policies have succeeded or failed.

Large-Scale Land Investments in Least Developed Countries: Legal conflicts between investment and human rights protection

This book analyzes large-scale land investments for agricultural purposes in Africa’s least-developed countries from a law and economics perspective.

The Rise of Agricultural Growth Poles in Africa: Investment in Agriculture Policy Brief #6 

This paper identifies challenges and opportunities of current agricultural growth poles; outlines the role of laws, policies and institutions; and describes three key stages for the development of a responsible agricultural growth pole.

International Investment Law and Policy in Africa: Exploring a human rights based approach to investment regulation and dispute settlement

This book provides a comprehensive analysis of the international investment law regime and current treaty practices in Africa from global, regional and domestic perspectives.

Farmland Investments and Water Rights in Africa: The Legal Regimes Converging over Land and Water

Access to water is the driving force behind the surge in foreign investment in farmland. Yet, with all the focus on “land grabbing” and food security, water issues have received little attention. It is vital to understand all applicable legal regimes and the rights of all stakeholders.