This chapter is concerned with foreign direct investment and international investment law in Africa. It contributes to an understanding of the nature and scope of international investment law in Africa and the role of development in the making of IIAs in Africa. It highlights the role the search for development has played in the conclusion of bilateral investment treaties and continental and regional international investment agreements (IIAs) in Africa. The chapter argues that investment dispute settlement tribunals have an obligation to take account of the development objective in interpreting African IIAs. Furthermore, the chapter explores the historical and political contexts of investment treaties in Africa. The substantive standards of bilateral and continental and regional investment treaties in Africa as well as national investment laws and policies in Africa are examined.
Dominic Npoanlari Dagbanja
This chapter concentrates specifically on traditional tort systems in Sub-Saharan Africa as distinct from the received common law of tort transplanted into Africa through colonization. Preliminary to this core focus, the Chapter analyses the received common law tort and legal systems in Sub-Saharan Africa. The chapter argues that collective conscience and collective representations serve as the foundation of the law and order in African contexts because kinship (social relationships derived from consanguinity, marriage and adoption) remains the fundamental basis for the organization of social groups and relationships and around which the fabric of social life is built and regulated in Africa. This explains why customary law of tort in Sub-Saharan Africa seeks to protect the interests of not only the individual but more so that of the collective social system within the individual is located. The collective orientation of African culture explains the focus of Sub-Saharan Africa customary law of tort on insults and abusive language and familial and marital protections.