Foreign Investment

On the 10 June 2025, the Zimbabwean government announced that it would ban the export of lithium concentrate, with the ban is scheduled to take effect from January 2027. Zimbabwe, Africa’s largest lithium producer, has positioned lithium at the centre of its economic transformation agenda as global demand for battery minerals accelerates due to the expansion of electric vehicles and renewable energy storage technologies. This update examines Zimbabwe’s evolving lithium policy as the government seeks to maximise national benefits through export bans and domestic beneficiation requirements. It analyses the rationale, timelines and political economy of the proposed bans on lithium ore and concentrate exports, while interrogating the ownership structures of dominant Chinese firms such as Sinomine and Zhejiang Huayou Cobalt.

Guinea occupies a structurally significant position in the global minerals economy as the world’s largest holder of bauxite reserves and second leading producer of the ore, which is indispensable for aluminium production and increasingly recognised as strategically important to global industrial supply chains. This update examines Guinea’s intensifying resource nationalism in the global bauxite sector, focusing on the revocation of mining licences, the resulting high-value international arbitration claims, and the government’s planned legal defence. It situates these developments within broader African debates on bauxite’s strategic importance, mineral governance, and efforts to reclaim sovereign control and value from critical raw materials.

An International Chamber of Commerce (ICC) tribunal dismissed Sundance’s arbitration claim against the Republic of Congo (Congo Brazzaville), the Australian-headquartered mining company confirmed in a statement released on 27 January 2026. According to the statement, the tribunal, which operated under the ICC Arbitration Rules 2021, issued its final decision following a hearing held in Paris in November 2024 and subsequent post-hearing submissions. The tribunal determined that “Congo had a legitimate basis for revocation of Sundance subsidiary Congo Iron’s exploitation permit due to non-development of the project in the period 2016-2018 and, consequently, all claims by Sundance and Congo Iron have been dismissed.”

The national policy outlined in the Economic Transformation Act No. 45 of 2024 (the Act or the ET Act ) identifies promoting foreign investment as a key driver in Sri Lanka’s economic transformation. It further underscores the need to attract export-oriented foreign direct investment (FDI) to support the ‘growth of non-debt creating inflows to the economy’. The policy sets forth two specific investment goals. The first is to increase the country’s net FDI inflow to at least five per cent of Gross Domestic Production by the year 2030. The second is to ensure that at least forty per cent of the country’s net FDI is in exports of goods or services by the same year. Achieving these goals requires Sri Lanka to create a conducive business environment. The preamble to the ET Act also emphasizes the need for a law that fosters an investment-friendly environment within the country. It further affirms Sri Lanka’s commitment to establish ‘a transparent, inclusive, and rules-based system that promotes fair and equitable treatment’ for both domestic and foreign investors. To that effect, the ET Act provides for a comprehensive set of investment guarantees. Yet, they mainly focus on protecting the interests of foreign investors and placing them in an advantaged position relative to domestic investors. The idea behind prioritizing investor protection is to ostensibly promote FDI which has been identified as a key driver of Sri Lanka’s economic growth in the post-economic crisis era. Thus, the ET Act manifests the structural biases inherent in international law on foreign investment while perpetuating the long-standing power disparity between foreign and domestic investors by embedding it within Sri Lanka’s domestic legal system.

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels as well as relevant case law. News and Events with a Global South focus are also often included.

The News and Events category publishes the latest News and Events relating to International Economic Law relating to Africa and the Global South. Every week, Afronomicslaw.org receive the News and Events in their e-mail accounts. The News and Events published every week include conferences, major developments in the field of International Economic Law in Africa at the national, sub-regional and regional levels, as well as relevant case law. News and Events with a Global South focus are also often included.

December 01, 2022

Ivory Coast and Ghana make buyers pay cocoa premiums

This note discussed how the protection of foreign investors work with the recent investment claim by Zhongshan against Nigeria as an example. It highlighted that investment treaties and investor-State arbitration protect the interests of foreign investors and provide them the mechanism to enforce their acquired rights at the international level. More importantly, the piece argues that the investment award provides an opportunity for lessons for Nigeria, especially on the need for those that act under the mandate of the State, at any level, to be aware of Nigeria’s international obligations, including towards foreign investors and the far-reaching implications of their actions.

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.