International Investment Law in African Courts

Ruiz Fabri H and Stoppioni E (eds), International Investment Law: An Analysis of Major Decisions, Hart Publishing (Forthcoming)

19 Pages Posted: 6 Mar 2020

See all articles by Makane Moïse Mbengue

Makane Moïse Mbengue

University of Geneva, Faculty of Law

Stefanie Schacherer

National University of Singapore, Centre for International Law

Date Written: March 1, 2020

Abstract

This chapter identifies major categories of situations, events and institutions in which or through which questions of international investment law have been dealt with before African courts. The chapter is selective in nature and aims at showing tendencies instead of exhaustivity. A noteworthy tendency that becomes apparent through the chapter’s analysis is that the prevailing narrative of bypassing African courts and tribunals seems declining in importance as an increasing number of national investment law instruments foresee African judicial and arbitral institutions for the settlement of investment disputes.

Keywords: African national courts, national investment law, investment arbitration, apartheid, land reform, OHADA, ECOWAS, EAC

Suggested Citation

Mbengue, Makane Moïse and Schacherer, Stefanie, International Investment Law in African Courts (March 1, 2020). Ruiz Fabri H and Stoppioni E (eds), International Investment Law: An Analysis of Major Decisions, Hart Publishing (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3547602 or http://dx.doi.org/10.2139/ssrn.3547602

Makane Moïse Mbengue

University of Geneva, Faculty of Law

Geneva
Switzerland

Stefanie Schacherer (Contact Author)

National University of Singapore, Centre for International Law ( email )

Singapore

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