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International Investment Policy of the Intergovernmental Authority on Development: The Republic of Uganda

International Investment Policy of the Intergovernmental Authority on Development: The Republic of Uganda


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About the Book

Traditionally, African states have played a very active and influential position in both the design and development of international investment law. This book reviews the types of Bilateral Investment Treaties concluded by the Intergovernmental Authority on Development (IGAD) Member States, using Uganda as a case study, with the objective of establishing the investment treaty practice of African states. In so doing, the text sets out to examine whether African treaty practice conforms or differs from general investment law. While reviewing this practice, the text also explores the extent to which the emerging investment treaty practice interferes or restrains legitimate policy making by African states. Ultimately, this book argues that there has been a paradigm shift in the investment treaty practice of African states. Whereas historically they have argued for and defended their state sovereignty they now adopt, via BIT’s, a more peculiar position of acquiescence. This text proposes how, going forward, African states might re-assert their independence and contribute to the further development of international investment law in a meaningful and pro-active way.

Table of Contents:
CHAPTER 1: AFRICA AND THE MAKING OF INTERNATIONAL INVESTMENT LAW Introduction The IGAD and Economic Cooperation in East Africa The origins of the Principles of International Investment Law International Investment Agreements during the Colonial Era The Transatlantic Slave Trade The Scramble for Africa International Investment Agreements during the Post- Colonial Era Towards the first generation of Bilateral Investment Treaties Africa and the drafting of the ICSID Convention International Investment Agreements during the Globalisation Era The second generation BITs and the remnants of colonial ideology China in Africa- the new imperialism? Summary and Conclusion CHAPTER 2: INTERNATIONAL INVESTMENT POLICY IN THE IGAD REGION Introduction Regional Economic Integration in Africa The Lagos Plan of Action for the Economic Development of Africa The Common Market for Eastern and Southern Africa The East African Community The African Economic Community The IGAD Regional Integration Initiatives Pan-African Investment Code Sustainable development Meaning of investment MFN and National Treatment Fair and Equitable Treatment Free Transfer of Funds Rights and obligations of foreign investors and host States Investor-State Dispute Settlement The African Continental Free Trade Area (AfCFTA) Boosting intra-African trade African participation in international trade and investment policy making A crowded field of overlapping African trade agreements Summary and Conclusion CHAPTER 3: THE INTERNATIONAL INVESTMENT POLICY OF THE REPUBLIC OF UGANDA Introduction Uganda’s Political History Asians in the post-Independence Uganda The expulsion of the Asian Community The incumbent Museveni Government Continuing political challenges Economic landscape Legal and regulatory regime The Uganda Investment Code Bill 2017: A Critical Review Uganda’s International Investment Agreements Sustainable development Meaning of investment MFN and National Treatment Fair and Equitable Treatment Free transfer of funds Obligations of foreign investors and host States Investor-State Dispute Settlement International Investment policy initiatives Recognition and enforcement of foreign Judgements in Uganda The Arbitration and Conciliation Act Cap 4 The Foreign Judgments (Reciprocal Enforcement) Act Cap 9 The Judgment Extension Act Cap 12 The Reciprocal Enforcement of Judgments Act Cap 21 Membership of RECs China in Uganda Summary and Conclusion CHAPTER 4: THE FUTURE OF INTERNATIONAL POLICY IN AFRICA, THE IGAD AND UGANDA Introduction

About the Author :
Chrispas Nyombi is a Reader (Associate Professor) in International Commercial Law and Director of Research in Law at Canterbury Christ Church University. He is part of a Panel appointed by the General Assembly of IGAD tasked with creating an International Arbitration and Mediation Centre in Djibouti. Tom Mortimer is the Director of Law at Canterbury Christ Church University. He has over thirty years of experience in legal education, including Head of Law School at three Universities and has published widely in the areas of business law in practice, comparative law and governance, International law and in learning and teaching.


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Product Details
  • ISBN-13: 9780854902781
  • Publisher: Wildy, Simmonds and Hill Publishing
  • Publisher Imprint: Wildy, Simmonds and Hill Publishing
  • Height: 229 mm
  • No of Pages: 202
  • Returnable: N
  • Returnable: N
  • Returnable: N
  • Returnable: N
  • Width: 152 mm
  • ISBN-10: 0854902783
  • Publisher Date: 10 Jul 2019
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Returnable: N
  • Returnable: Y
  • Returnable: N
  • Weight: 308 gr

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