Abstract

This article analyses the pitfalls to be avoided when designing an investment dispute resolution mechanism for the new African Continental Free Trade Area Agreement. For this purpose, it outlines the procedural issues underlying selected intra-African investment disputes involving Lusophone African states to understand how these can be addressed under the Investment Protocol of the Agreement. It concludes that the inclusion of a multilateral dispute resolution mechanism in the Agreement would be beneficial for legal certainty and thus for an improved investment climate in Africa by putting an end to the complex legal framework and proliferation of investment treaties on the continent, as well as harmonising African investment policy approaches. It also highlights that an Investment Protocol that is well-drafted, thoroughly thought out and in line with international best practices to benefit both trade and national development could boost the economic gains expected to arise from the Agreement's ratification.

This paper will be part of the TDM Special Issue on "The African Continental Free Trade Agreement (AfCFTA)". More information here www.transnational-dispute-management.com/news.asp?key=1809