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Vol 21 No 9 Sept/Oct 2016

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Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Human Rights, Natural Resource and Investment Law in a Globalised World: Shades of Grey in the Shadow of the Law

ISBN13: 9780415609906
Published: October 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9780415859530

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In many parts of sub-Saharan Africa, economic liberalisation, improved transport and communication systems and the global demand for food, energy and commodities have fostered foreign investment in mining, petroleum and agriculture for food, fuel and agro-industrial commodities.

In 2008 foreign investment flows to the continent reached a record level at nearly US$64 billion. By contributing capital, technology, know-how, infrastructure and livelihood opportunities, increased investment in natural resources may bring macro-level benefits such as economic growth and greater government revenues. But it can also bring risks, as local people could lose access to the resources on which they depend – not just land, but also water, wood and grazing.

This book explores how the law protects the different and competing interests that are brought into contact by foreign investment projects in Africa. It draws on international investment and human rights law, on the national law of selected jurisdictions and on the contracts concluded for a large investment project to consider the legal frameworks regulating the growing investment flows to Africa.

The book relates the findings of this legal analysis to an analysis of negotiating power between different holders of legally protected rights (investors, local people affected by the investment), exploring whether any differences in legal protection tend to counter, or reinforce, asymmetries in negotiating power. The outcome is a thorough legal analysis that is directly anchored to social processes and that provides insights into the relationship between law and power in a globalised world.

Other Jurisdictions , Africa, International Investment Law, Energy and Natural Resources Law
1. Introduction
2. Key Concepts
3. Universal Rights and Differentiated Rules: The International Protection of Property Rights Under Human Rights and Investment Law
4. The Protection of Property Rights Under National Law
5. The Protection of Property Rights Under the Contractual Arrangements Developed for the Chad-Cameroon Oil Development and Pipeline Project
6. The Dynamics of Property Rights: Tensions between Strengthening Local Resource Rights and Ensuring Regulatory Stability for Foreign Investment
7. Conclusion