International Arbitration

Sovereign Rights to Natural Resources as a Basis for Denouncing International Adjudication of Investment Disputes: A Reflection on the Tanzanian Approach

As an essential outcome of strengthening the state control over natural wealth and resources, Tanzania has brought natural resource contracts into the purview of its domestic legal system. In doing so, some countries have exercised their sovereign rights to natural resources as the basis for denouncing international adjudication of investment claims based on such contracts. Indeed, biases perceived by Tanzania concerning international arbitration fora have played a great role in bringing natural recourse contracts into the purview of Tanzanian legal system. The goal of the reforms is to mitigate such partialities through using domestic dispute resolution mechanisms.

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.

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

If Africa is genuinely interested in the reforms of ISDS then the words of the Kenyan delegation at the UNCITRAL working group must be our yards stick; the desired outcome will only be achieved when we begin to consider the substantive issues in an open, frank, free, and transparent manner, noting the need to fast track the conclusion of a holistic reform process of the ISDS. Perceptions and plausible folk theories aimed at nothing but creating hegemony in ISDS must be shunned. My crystal ball tells me that ISDS is here to stay, thus we must make no mistakes, but shape ISDS to suit our future interests.

Solución de controversias inversor-Estado en tiempos de covid-19: un acercamiento desde la teoría de la vulnerabilidad

Tension between investment protection and right to regulate has not been resolved yet and it is even more dangerous when States take measures in order to target health, social and economic effects of the covid-19 pandemic. Facing investor-State dispute resolution reform, an approach from Martha Fineman's vulnerability theory is imperative. Placing human being (vulnerable subject) as the center of the analysis, right to regulate protection should be a pre-stage for building resilience from social institutions. Therefore, States would not be at risk of compromising their budgets in international arbitration or experiencing “regulatory chill

The Commercial Law Reform Network Nigeria (CLRNN) Inaugural Conference Proceedings

The Commercial Law Research Network Nigeria (CLRNN) was established in 2019 to create a platform through which the suitability of reforms to the commercial law in Nigeria can be critically discussed. CLRNN creates a collaborative environment in which researchers with expert knowledge of Nigeria’s domestic and international contexts can engage on various commercial law subjects germane to Nigeria’s economy.

Public interest captured by foreign investment: the Cerrejon coal mine in Colombia

Coal extraction is a lucrative industry in Colombia for the transnational corporations operating in the country. One of the most aggressive projects against local communities today is the Cerrejon coal mine in la Guajira, which has been a site for large-scale coal extraction since 1970. In 1976 the Colombian government signed a contract with Intercor (a subsidiary of Exxon) to explore, exploit and commercialize the Northern Zone. Under this agreement, both the exploitation and commercialization of coal would have a duration of 23 years, from which both the mine and the railroad, the port, the buildings, other properties, contracts and fixed assets that are necessary for the development of the business would return to Carbocol, a state-owned enterprise.