Foreign Investment

Failure at COP26: The Global South Doesn’t Need Another Loan

COP26 ended with a palpable sense of despair as industrialised states failed once again to deliver on long-standing commitments to finance adaptation and mitigation efforts in the Global South. As attempts to reach accord floundered, private capital materialised as the most likely source of this vital funding. Whilst their dire situation may leave post-colonial states with no option but to accept this investment, its continued entrenchment in the economies and polities of the Global South can only serve to perpetuate the centuries-long cycle of subordination, dependence, and debt.

Surmounting Challenges in Tax Revenue Collection in West Africa: A Precedential Insight

This paper has adopted a precedential approach by illustrating the approaches used by some developing countries in selected but similar regions with West Africa in solving their tax collection problems. This paper has also recommended some pathways to be walked by West African countries in order to considerably succumb the gravid challenges faced in the collection of taxes and mobilization of revenues. By adopting the recommended techniques, the immense efforts made by the governments of these countries in addressing the practical challenges facing their tax revenue collection can be duly compensated.

Book Review: The Transnational Land Rush in Africa: A Decade After the Spike

This essay reviews the book co-edited by Logan Cochrane and Nathan Andrews, The Transnational Land Rush in Africa: A Decade After the Spike. The book has three parts, in addition to the introduction and concluding chapter. The first part, Part I contain four chapters under the theme, The Land-Development Nexus: Grand Discourses, Social Injustice and Contestations. The second part, Part II encompass three chapter under Informality and ‘New’ Customary Land Tenure Landscapes theme. The third part, Part III contain two chapters under the Formalization, Domestic Agency and Legacies of Legal Pluralism theme. This review focuses on the book's third part, which includes studies from Ethiopia and the Democratic Republic of the Congo.

Promoting Japanese Private Investments in Africa: A Clash of Interests

Private investment is at the centre of Japan’s current Africa policy that aims to amplify its economic diplomacy in Africa, offsetting the increased Chinese presence in the continent mainly through sovereign investments. This has made the promotion of Japanese private investments in Africa a “strategic priority of Japan”, whose political impetus in this respect clashes with the economic interests of “risk-averse” Japanese investors. Accordingly, the protection of private investments has come to the fore hastening the Afro-Japanese BIT programme remained idle for decades.

Book Review of International Investment Law: National, Regional and Global Perspectives by Dr Collins C Ajibo (Wolf Legal Publishers, Nijmegen, the Netherlands: 2020)

The book (International Investment Law: National, Regional and Global Perspectives) examines the principles and practices of international investment law in the light of international law. The book is situated within the prevailing dynamics of international investment law and policy that are underpinned by competing interests of the host States and foreign investors.

The Fate of the Developing States in International Arbitration and the Fair and Equitable Treatment Standard

In this book, the author took the interdisciplinary approach to explore the application of the FET clause in the IIAs between developed and developing countries as well as its subsequent effects on the socio-economic context of the developing state. The main aim of this book as stated in p. 171 is to re-conceptualize the FET clause from the perspective of the host States with comprehensive consideration of their social, political, and economic conditions.

Carrotestein: Tax Incentives for Digital Companies, WTO Agreements, and Harmful Tax Competition

The Post-COVID19 path to economic recovery in Latin America and the Caribbean will demand both Domestic Revenue Mobilization measures and the promotion of domestic and foreign investment. Amid all the controversy surrounding the concession of tax incentives, the COVID-19 pandemic taught us a lesson: nothing is a sole economic issue. Public policies should address other concerns such as employment, health, environment, and education. A well-designed package of governmental measures may be a balanced proposal that includes diverse public interests to achieve optimal delivery of public goods. This post will focus on the granting of tax incentives for the digital economy in  accordance with the GATT, the GATS, and the OECD’s recommendations on harmful tax competition.

Shareholder Disputes and the Nigerian Foreign Investment Framework: Attribution Under the Prism of the Interocean Case

This article aims to demonstrate that the Interocean case is a paradigmatic decision, testing the limits of the Nigerian Foreign Investment Framework. The analysis concludes with tactical considerations regarding the designation of the State as well as its National Oil Company ("NOC") in ICSID proceedings. It concludes that the Interocean case has paved the way for shareholder disputes in oil and gas to be heard in Nigerian Courts.

Towards a ‘South-Asian’ Approach to International Law - Part II

The optional subjects being offered at SAU also have considerable number of readings that focus on South Asia. They also include the works of South Asian scholars and Third World scholars. All the optional courses offered at SAU address international issues of relevance to South Asia, in varying degrees. Discussions on general topics include special reference to South Asia in most of the courses. Thus, the LL.M. course at SAU is heralding in a South Asian approach to IL.

Hegemony in Investor State Dispute Settlement: How African States Need to Approach Reforms – A Response

In the opinion of this contribution, African States must be more radical in their approach to investment treaty and ISDS reforms. First, they must retain the role of domestic courts in the resolution of investment disputes in line with their national constitutions. Second, where the case for an international dispute settlement mechanism is made, they must consider a state-state trade and investment dispute settlement bodies at the regional and continental levels for all transnational business disputes. Appeals from domestic courts could lie before regional appellate bodies and from a regional appellate to a continental dispute settlement body. This should provide assurance to investors and other business entities that their disputes can and must be resolved within the African continent.