The International Investment Policy of the Intergovernmental Authority on Development: The Republic of Uganda

Law

The International Investment Policy of the Intergovernmental Authority on Development: The Republic of Uganda

Edited by Chrispas Nyombi · Tom Mortimer
Wildy, Simmonds and Hill Publishing July 2019

Specifications

ISBN-13
9780854902781
Publisher
Wildy, Simmonds and Hill Publishing
Publication
July 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Traditionally African states have played a very active and influential position in both the design and development of international investment law.

This book reviews the types of Bilateral Investment Treaties concluded by the Intergovernmental Authority on Development (IGAD) Member States, using Uganda as a case study, with the objective of establishing the investment treaty practice of African states.

In doing so the text sets out to examine whether African treaty practice conforms or differs from general investment law. While reviewing this practice, the text also explores the extent to which the emerging investment treaty practice interferes or restrains legitimate policy making by African states.

Table of Contents

CHAPTER 1: AFRICA AND THE MAKING OF INTERNATIONAL INVESTMENT LAW;
Introduction
The IGAD and Economic Cooperation in East Africa;
The origins of the Principles of International Investment Law;
International Investment Agreements during the Colonial Era;
The Transatlantic Slave Trade;
The Scramble for Africa
International Investment Agreements during the Post- Colonial Era;
Towards the first generation of Bilateral Investment Treaties;
Africa and the drafting of the ICSID Convention;
International Investment Agreements during the Globalisation Era;
The second generation BITs and the remnants of colonial ideology;
China in Africa- the new imperialism?;
Summary and Conclusion;

CHAPTER 2: INTERNATIONAL INVESTMENT POLICY IN THE IGAD REGION;
Introduction
Regional Economic Integration in Africa;
The Lagos Plan of Action for the Economic Development of Africa
The Common Market for Eastern and Southern Africa;
The East African Community;
The African Economic Community
The IGAD Regional Integration Initiatives;
Pan-African Investment Code;
Sustainable development;
Meaning of investment;
MFN and National Treatment;
Fair and Equitable Treatment
Free Transfer of Funds;
Rights and obligations of foreign investors and host States
Investor-State Dispute Settlement;
The African Continental Free Trade Area (AfCFTA);
Boosting intra-African trade;
African participation in international trade and investment policy
making;
A crowded field of overlapping African trade agreements
Summary and Conclusion;

CHAPTER 3: THE INTERNATIONAL INVESTMENT POLICY OF THE REPUBLIC OF UGANDA;
Introduction;
Uganda’s Political History;
Asians in the post-Independence Uganda;
The expulsion of the Asian Community;
The incumbent Museveni Government;
Continuing political challenges;
Economic landscape;
Legal and regulatory regime;
The Uganda Investment Code Bill 2017: A Critical Review;
Uganda’s International Investment Agreements;
Sustainable development;
Meaning of investment;
MFN and National Treatment;
Fair and Equitable Treatment;
Free transfer of funds;
Obligations of foreign investors and host States;
Investor-State Dispute Settlement;
International Investment policy initiatives;
Recognition and enforcement of foreign Judgements in Uganda
The Arbitration and Conciliation Act Cap 4;
The Foreign Judgments (Reciprocal Enforcement) Act Cap 9;
The Judgment Extension Act Cap 12;
The Reciprocal Enforcement of Judgments Act Cap 21
Membership of RECs;
China in Uganda;
Summary and Conclusion;

CHAPTER 4: THE FUTURE OF INTERNATIONAL POLICY IN AFRICA, THE IGAD AND UGANDA;
Introduction
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