Africa's Investment Treaty Practice with China: Are the Africa-China BITs Conducive to the Implementation of the AU Agenda 2063?

Transnational Dispute Management (TDM), ISSN 1875-4120, https://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=1863

Posted: 8 Mar 2021

Date Written: January 8, 2021

Abstract

China has been a predominant investor in Africa for many years and contributes substantially to facilitating economic development and infrastructure projects in many African states. Yet, it is uncertain, to what extent the existing Africa-China BITs are sufficiently equipped to reconcile the promotion and protection of Chinese investment and the implementation of the Agenda 2063 aspirations to achieve sustainable development. The article explores the current Africa-China BIT-landscape that not only provides the legal framework for Chinese investment in Africa but also for the sustainability measures of African host states affecting foreign investors. It analyzes the substantive provisions in the traditional Africa-China BITs that possibly threaten the implementation of sustainability policies. Subsequently, it looks at the most recent publicly available Africa-China BIT, ie the BIT China-Tanzania (2013), which reflects the African BIT reform approaches to strengthen sustainable development. It examines to what extent the BIT China-Tanzania can overcome the challenges of the traditional Africa-China BITs for sustainability measures and may serve as a model for future reforms of the Africa-China BIT landscape. Finally, the article will address the chances and hurdles of the Africa-China BIT reform process and point out the role the AU may play in this respect.

Keywords: Bilateral Investment Treaties, Sustainable Development, Africa, China

JEL Classification: K33

Suggested Citation

Zagel, Gudrun Monika, Africa's Investment Treaty Practice with China: Are the Africa-China BITs Conducive to the Implementation of the AU Agenda 2063? (January 8, 2021). Transnational Dispute Management (TDM), ISSN 1875-4120, https://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=1863, Available at SSRN: https://ssrn.com/abstract=3762522

Gudrun Monika Zagel (Contact Author)

University of Salzburg School of Law ( email )

A-5020 Salzburg
Austria
+43-662-8044-3667 (Phone)

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