At the center of several dynamics, sometimes antagonistic, the African continent is illustrated through the affirmation of two key objectives for its emancipation, namely development and investment. While in theory these two objectives go hand in hand, in practice they raise more complex legal issues. Indeed, the draft Pan-African Investment Code is characterized by a number of considerable and unprecedented advances. The latter ratifies a legal definition of investment while integrating an exception ("national development") to the standard of national treatment. On the other hand, the requirement of the local share, the consideration of development in state contracts and the contribution to the achievement of sustainable development are included in this preliminary draft. This is a unique legal instrument that raises the question of how the regime of legal protection of investments is tested by the objectives and requirements of development
ALI GADDAYE, IhabnIhab is an international lawyer specialized in project finance and international arbitration. He was trained between the University of Nice Sophia Antipolis, the University of Paris 1 Pantheon Sorbonne and the University of Paris 2 Pantheon Assas. Since 2016, he is the founding president of The Era of Africa.
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Ihab es un abogado internacional especializado en la financiación de proyectos y el arbitraje internacional. Se formó entre la Universidad de Niza Sophia Antipolis, la Universidad de París 1 Pantheon Sorbonne y la Universidad de París 2 Pantheon Assas. Desde 2016, es el presidente fundador de La Era de África.
Klappentext
At the center of several dynamics, sometimes antagonistic, the African continent is illustrated through the affirmation of two key objectives for its emancipation, namely development and investment. While in theory these two objectives go hand in hand, in practice they raise more complex legal issues. Indeed, the draft Pan-African Investment Code is characterized by a number of considerable and unprecedented advances. The latter ratifies a legal definition of investment while integrating an exception ("national development") to the standard of national treatment. On the other hand, the requirement of the local share, the consideration of development in state contracts and the contribution to the achievement of sustainable development are included in this preliminary draft. This is a unique legal instrument that raises the question of how the regime of legal protection of investments is tested by the objectives and requirements of development
