International investment law before African courts
Publication Type
Book Chapter
Version
submittedVersion
Publication Date
4-2022
Abstract
In an article published in 1989, Augustus Agyemang, a practising barrister in Ghana, affirmed that ‘for a number of reasons African courts are unsuitable for settling investment disputes and, therefore, the role of African courts in this area should, as far as possible, be minimised’. His main arguments were the absence of strong traditions of judicial independence in African states and the fact that foreign investment in Africa mainly involves the exploitation of natural resources, which would jeopardise the objectivity of national courts because of the very high national interests that are at stake. Mr Agyemang’s point of view obviously reflects the prevailing
Keywords
Courts, Africa, Investment law, foreign investment, international investment law
Discipline
African Studies | Courts | International Law | International Trade Law
Publication
International investment law: An analysis of major decisions
Editor
H. Ruiz Fabri and E. Stoppioni
First Page
603
Last Page
616
ISBN
9781509929047
Identifier
10.5040/9781509929078.ch-035
Publisher
Hart
City or Country
London
Citation
MBENGUE, Makane Moise and SCHACHERER, Stefanie.
International investment law before African courts. (2022). International investment law: An analysis of major decisions. 603-616.
Available at: https://ink.library.smu.edu.sg/sol_research/3951
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.5040/9781509929078.ch-035