International investment law before African courts

• Main Authors: MBENGUE, Makane Moise, SCHACHERER, Stefanie
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Courts; Africa; Investment law; foreign investment; international investment law; African Studies; International Law; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3951; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=cdi_askewsholts_vlebooks_9781509929061&context=PC&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Primo%20Central&tab=Everything&query=any,contains,International%20investment%20law:%20An%20analysis%20of%20major%20decisions&offset=0
• Institution: Singapore Management University

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