Investment Agreements

Bilateral Treaty Reform and Regional Development

A review of International Investment Agreement in East Africa


About the Study:

This study is an investigation of the bilateral investment treaties (BITs) involving Member States of the East African Community (EAC) + the Republics of Burundi (“Burundi”), Kenya, Rwanda, South Sudan, the United Republic of Tanzania (“Tanzania”), and the Republic of Uganda (“Uganda”). The study is carried out against the backdrop of the legitimacy crisis in international investment law in general and specifically investment treaty arbitration that exposes countries to considerable political, diplomatic, legal, financial and economic risks arising out of international trade or investment agreements. Foreign investment plays a critical role as an engine of economic growth in EAC economies. However, there is a growing realization that international investment policies can encroach on national government policy space and can undermine sustainable development goals (SGDs). Consequently, while acknowledging that investment policies should provide legal certainty and protection to investors and their investments, there is a growing consensus that ultimately investment policies should be “aimed at fostering investment, consistent with the objectives of sustainable development and inclusive growth

By: Professor Uche Ewelukwa Ofodile