African regional investment agreements: neutralising a threat to non-communicable disease control policies

ABSTRACT: In the recent past, and in relation to investment law, we have seen the rise of regionalism in Africa. This article assesses how African regional investment treaties (RITs) affect public health concerns that relate to non-communicable diseases (NCDs) in Africa. The regional investment treaties examined in this article include the draft Pan African Investment Code (PAIC), the Investment Agreement for the Common Market for Eastern and Southern Africa (COMESA), and those concluded within the South African Development Community (SADC) and the Economic Community of West African States (ECOWAS). The article undertakes a detailed analysis of investment provisions in those treaties which have direct effect on public health as it relates to NCDs. The assessment shows that African RITs enhance public health protection by placing obligations on investors and safeguarding the regulatory space of African governments that will give effect to NCDs. Therefore, the ideas concerning public health found in African RITs are in tune with the current international discussion on the reform of international investment law and address NCDs.