International Law and Negotiating Power in Foreign Investment Projects: Comparing Property Rights Protection Under Human Rights and Investment Law in Africa
Article from: TDM 1 (2009), in Human Rights
Abstract
"Secure" property rights are considered to be important to create "enabling" conditions for foreign investment in Africa. They also influence the way risks, costs and benefits of the investment are shared. For investors, the protection of property rights under international investment law is a tool to shelter business interests from arbitrary host state interference. At the same time, the human right to property offers an avenue for securing the livelihoods of local groups affected by an investment project - namely, through providing safeguards against arbitrary land takings ...