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Online: Promotion and Protection of Investment in Africa
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Brief Description

The Promotion and Protection of Investment in Africa course is a flexible one-of-a-kind online short course focused on unpacking the fundamentals of investment protection on the African continent.

The course is presented by leading experts who - through a unique and holistic blend of theoretical and practical considerations - analyze the framework for foreign investment from the perspective of host governments and foreign investors in Africa.  The online course is centered on comprehensive discussions about international investment law and standards of protection under investment treaties and agreements.  These standards include, protection against unlawful expropriation, nationalization, and unfair treatment.  The curriculum further considers legal remedies available to stakeholders in the event of violations of obligations by host governments or investors.  The remedies considered include recourse to Investor-state dispute settlement (ISDS) and related dispute resolution systems.

The aim of the course is to cultivate an understanding of contemporary legal and policy challenges for investments in Africa, including considerations of the investment climate in Africa post-Covid19.

The course also examines the impact of the AfCFTA Investment Protocol on intra-Africa investment.
Learning Outcomes
After successfully completing this course, you will have acquired a broad understanding of the international investment framework applicable to foreign investments in Africa, as well as the associated protection mechanisms available to such investors. You will also understand various policy and legislative measures, implemented by host governments, which can expose both investors and the host government to significant risk. Particular areas of focus include acts of expropriation; nationalisation; local content requirements (related to both ownership and supplier content); re-negotiations of contracts with African governments, and addressing alleged unfair and inequitable treatment of investors by African governments. Students would gain an understanding of current debates on, and trends in, the reform of the ISDS system. These reforms include the call for a rebalancing of rights and obligations between investors and states, which means new obligations for investors e.g. on sustainable development. To provide relatable and pragmatic examples, contemporary case studies are applied throughout.
Course Content

Investments in Africa

  • Investment Opportunities in Africa: During Covid19 and beyond
  • Host Government Perspective
  • Investors Perspective

The Basic Features of Investment Instruments Promoting and Protecting Investment in Africa

  •  Introduction to International and Domestic Law Instruments for the Protection and Promotion of Foreign Investment

Scope of Protection

  • Qualifying Investor
  • Qualifying investment

SHOP COMPONENT

Understanding and Mitigating Investment Risk

  • Political Risk in Africa
  • Measures to mitigate Political or Country Risk

Treatment of Investors

  • Nationalisation and Expropriation of investments
  • Compensation for Nationalisation and Expropriation of investments

  • Fair and Equitable Treatment (FET) (including case studies)

  • Full Protection and Security
  • National Treatment
  • Most Favoured Nation (MFN) Treatment
  • Compensation for violations of Fair and Equitable Treatment, Full Protection and Security, National Treatment and Most-Favoured Nation Treatment

Investor-State Dispute Resolution

  • Introduction to Investor-State Dispute Settlement
  • Consent to Arbitration (direct, host state legislation, BIT, multi-lateral treaty)
  • Jurisdiction and Admissibility (ratione materiae, ratione personae, ratione temporis)
  • Multi-tiered clauses (cooling off period, exhaustion of local remedies, fork-in-the-road provisions, negotiation, conciliation)
  • Enforcement of award against states (Washington Convention and New York Convention)
  • The annulment of ICSID awards Alternative Remedies

Future of ISDS System

  • Investor State Dispute Settlement Reform
  • Approach to ISDS in Africa
  • Third Party Funding of investment disputes for both investors and host governments
  • The African Continental Free Trade Agreement (AfCFTA)
Entry Requirements

Learning Assumed to be in place.
Course Number:
P007630
Catalogue and Category:
Law and Human Rights
Who Should attend:
This course is ideal for executives, business leaders, government officials, regulators, state owned entities, and professionals who are considering and/or managing investments in African jurisdictions. As the course curriculum addresses a range of elements to enhance investment protection, it will also be appealing to those who are generally involved in projects, operations, or business ventures on the continent.
Delivery Mode:
Online
Contact Days:
3

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