Foreign Direct Investment

Lessons From the Transplantation of Kenya’s 2015 Companies Act From the U.K.’s Companies Act of 2006

Under the imperialism approach transplanted commercial laws especially from countries receiving these laws from their colonial or other western metropolitan centers are viewed as aimed at securing the immediate and future commercial interests of the colonial/metropolitan empire and not the interests of the peoples of the receiving countries.

Symposium on Sustainable Development Goals, Trade, Investment, and Inequality

In short, the SDGs and its interesting set of targets are a fertile ground not only to reimagine past UN led decade themed goals and their implications for (sustainable) development, but, to also situate them in contemporary discourse of the activities of nations, transnational corporations and other non-state actors. As part of the 2019 Purdy Crawford Workshop, the contributions to the symposium on “Sustainable Development Goals, Trade, Investment, and Inequality” critically examine these goals from the vantage point of each contributor’s scholarly expertise.

Decarbonisation pathways for Nigeria: Promoting sustainable renewable energy-related FDI and the role of ADR in promoting RE-related FDI

The combination of the Model Law backbone (both for extant and putative law) and the change in direction of judicial policy in favour of enforcement of arbitration agreements and arbitral awards makes Nigeria well suited for the receipt of FDI in Renewal Energy Projects.

Fostering Effective Public Participation when Navigating Infrastructure Projects

Although recognised in the constitution since 1988, town planning has remained dogged by institutional and organisational failures, which in combination with a lack of commitment at federal and state levels to the funding of coherent and integrated development planning policy has, of necessity, led to greater reliance upon external resources (Ramon, 2017). Hence funding infrastructure development, in the given context presents difficulty as in many jurisdictions, whether developed or developing, given the multiple claims for funding that governments find they have to resource. 

Promoting sustainable renewable energy-related Foreign Direct Investment in Nigeria: Identifying the Gaps in Nigeria’s Domestic Law and Institutions

This blog post examined how legal and institutional barriers have affected FDI in Nigeria’s RE sector and proffered strategies to resolve the identified issues. It was established that though Nigeria has considerable potential for generating solar, small and large hydro, biomass, biogas and wind energy to bridge her huge energy gap, the current RE production from these sources is abysmally low. Meanwhile, the FDI inflow in the sector is declining despite the government’s renewed favourable disposition. The situation is further exacerbated by some legal and institutional impediments that include policy inconsistency, inadequate legal framework, corruption, ineffective administrative processes, poor adherence to the rule of law, lack of awareness and insecurity.

Symposium Introduction: Law, Policy, and the Promotion of Investment in the Renewable-Energy Sector

The involvement of the private sector in this effort ‘cannot be overemphasised’. Such engagement however, requires appropriate legal and institutional infrastructure. It must be monitored; it must be properly designed, and above all, it must be inclusive to ensure sustainability. The authors of the following posts will highlight some of the elements that are necessary for achieving this delicate balance.

Leveraging Natural Resources for Sustainable Development in Africa

The huge investments in the extractive sector should, in principle, be a catalyst for economic growth, job opportunities, and development. Often, these investments have been a source of environmental degradation, socio-economic malaise and despair. Equatorial Guinea, for instance, is a classic example of the ‘resource curse mystery in Africa. To leverage extractive resources for development, African countries are faced with legal, fiscal, implementation, infrastructure, regulatory and institutional challenges. This contribution addresses state and investor responsibility in the sustainable development of Africa’s extractive sector. It highlights four responsibility indices that will guide states and investors in fostering a shared value approach to an inclusive and sustainable development of Africa’s extractive sector.

Variable Geometry of African integration and AfCFTA

In my view variable geometry is likely to further slow down the implementation of the AfCFTA because it is a way to accommodate less advantageous countries or countries unwilling to move as fast as others.  Even if variable geometry is the only way to move forward in trade agreements of the 21th century as some have argued, it makes trade liberalization more complicated and slows down integration initiatives. More detailed research on variable geometry from an African perspective needs to be undertaken because the continent cannot afford the potential failure of the AfCFTA.

Investment Regulation at the African Continental Level

The conclusion of the AfCFTA comes in the wake of global trade facing a lot of uncertainty, with more countries becoming more protectionist and the global world trade order facing collapse due to rising tensions. Despite all this, Africa’s regional integration agenda remains at the core. The Protocol on Investments is meant to be continental wide project to protect and promote investments in Africa. The ultimate goal for the AU’s regional integration objectives should be to have one investment framework to regulate the whole continent.