Abstract

The energy transition trends make it imperative for nations to take action to mitigate climate change, which, by implication, necessitates a shift in either the energy options that are used or the method in which they are utilised. The law provides support for the development of carbon management technologies as well as other energy efficiency measures that are designed to reduce the emission of greenhouse gases in the primary economic sectors. Africa is expected to cut their emissions of greenhouse gases, including investments in petroleum. The laws may have adverse implications for international investment law commitments reached with oil and gas investors. This article therefore conducts an examination of the commitment of Africa and protective standards found in international investment law. It argues that reform is unavoidable, and countries have justification under international law to reform their oil and gas industries, but the nation must do so carefully in ensuring that the oil and gas industry is not exposed to needless arbitral proceedings in the event of an energy transition. Therefore, it is of the utmost importance for African governments to be well-informed about the approach to energy transition and to be circumspect.

This paper will be part of the fourth TDM Special Issue on "International Investment Arbitration - Environmental Protection and Climate Change Issues". More information here www.transnational-dispute-management.com/news.asp?key=1893