Foreign Direct Investment and the Law in Zambia PDF Download

Author: Chipasha Mulenga
Publisher:
ISBN: 9781485137474
Category :
Languages : en
Pages :

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Author: Kenneth Kaoma Mwenda
Publisher:
ISBN:
Category : Investments, Foreign
Languages : en
Pages : 40

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Author: Sangwani Patrick Ng’ambi
Publisher: Routledge
ISBN: 1317360141
Category : Law
Languages : en
Pages : 202

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Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.

Author: Kenneth Kaoma Mwenda
Publisher:
ISBN:
Category : Investments, Foreign
Languages : en
Pages : 18

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Author: Sangwani Patrick Ng'ambi
Publisher:
ISBN: 9781485120438
Category : Government ownership
Languages : en
Pages : 168

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"Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment. A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction."--Back cover.

Author: Daniel Tonga
Publisher:
ISBN: 9783346002204
Category :
Languages : en
Pages : 24

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Academic Paper from the year 2019 in the subject Economics - International Economic Relations, University of Lusaka (University of Lusaka), course: Economics and Finance, language: English, abstract: This paper analyses the effects of Foreign Direct Investment (FDI) in Zambia. It focuses on two main areas of FDI: First, it looks at the competition effect of Foreign Direct Investment FDI to domestic businesses in the host country, Zambia and the second part looks at how residents perceive Foreign Direct Investment FDI in Zambia. In order to understand the competition effect of FDI in Zambia, the research study carried a survey on local business houses to get an understanding of how FDI with respect to foreign businesses has created competition to local businesses to their detriment. In addition, the research study conducted interviews with various people in Zambia to collect data and get their perception on FDI with respect to foreign businesses in Zambia. This research found that people's perceptions over FDI are more negative than positive. This research study also found that Foreign Direct Investment FDI has both positives and negatives externalities in Zambia. Under positive externalities, FDI has helped create employment to local people, facilitated the transfer of technology and innovation as FDI spillovers. However, under negative externalities, this research found that FDI had brought more competition to local businesses in the host country, throwing many out of business. In addition, some businesses found it difficult to compete due to unfairness created by state interventions. Therefore, FDI in Zambia was found to have more negatives than positives externalities.

Author: Oliver S. Saasa
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 70

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Author: Sangwani Patrick Ng’ambi
Publisher: Routledge
ISBN: 0429664540
Category : Law
Languages : en
Pages : 160

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This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.

Author: Yenkong Ngangjoh Hodu
Publisher: Manchester University Press
ISBN: 152615126X
Category : Law
Languages : en
Pages : 326

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The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.

Author: Alfred Escher
Publisher: Springer
ISBN: 9789041112149
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled businesses as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources. Consequently, it is always changing. The various actors involved, including transnational corporations, local companies, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors or their local counterparts and financial intermediaries, each follow their own interests. By its nature, FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires an ongoing learning process for all who wish to understand and successfully manage foreign investment transactions. All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. The authors of this book are all concerned with FDI as either academics or practicioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction on FDI by Dr. Escher; next, an analysis on the emerging international law on FDI and related areas; and finally, an overview of FDI law in a variety of countries in Asia, Africa, Latin-America, and Europe.