Why African countries should enable host state citizen-investor arbitration, and how they can do it

Press/Media: Blogs, Podcasts and Social MediaBlogs

Period1 Nov 2019

Media contributions

1

Media contributions

  • TitleWhy African countries should enable host state citizen-investor arbitration, and how they can do it
    Media name/outletAfronomicsLaw
    Media typeWeb
    Date1/11/19
    DescriptionThere is currently a lack of access to remedy in the International Investment Law for host-state citizens (“HSCs”) whose interests are harmed by activities of investors (or investment activities). Under the current system, harmed HSCs are required to seek redress in domestic forums (domestic courts or other domestic forums). However, it is acknowledged that the domestic forums in many jurisdictions leave many harmed HSCs without remedy. There are several examples of such situations in Africa, where harmed HSCs have been left without remedy. A typical example is the notorious harms caused by the operation Anglo-Dutch oil giant, Shell, in the Niger Delta area in Nigeria, which remains unresolved. This author has argued elsewhere that a solution lies in granting harmed HSCs access to remedy in international forums, particularly international arbitration, a system that has been so effective for investors in resolving their disputes with host-states. If HSCs are granted access to the arbitral system, it will be effective for them (harmed HSCs) too. This article makes two points. First, it argues that African countries should enable their citizens’ access to international arbitration. Second, it shows how African countries can enable HSC-Investor arbitration.
    URLhttps://www.afronomicslaw.org/2019/11/01/why-african-countries-should-enable-host-state-citizen-investor-arbitration-and-how-they-cab-do-it/
    PersonsEmmanuel Laryea

Keywords

  • African Development
  • ISDS
  • Investment Arbitration
  • International Investment