Prevention or Cure: The Role of Coordination in Investor-State Disputes in Africa
Article from: TDM 3 (2022), in Africa
Introduction
This contribution focuses on a particular aspect of investor-State dispute prevention and mitigation in Africa. It centres on prevention and mitigation of disputes that stem from the inconsistent conduct of different arms of the State (in the international sense of the term). An analysis of investor-State case law involving African States (as well as the experience of the authors) reveals that what we can refer to as 'lack of coordination' disputes are more common than one might think. By lack of coordination disputes we mean disputes arising out of fact patterns which entail certain ...