Skip to search boxSkip to navigationSkip to main content

Developing a climate-resilient investment protocol: lessons from the final draft protocol on investment to the agreement establishing the African Continental Free Trade Area

Research Output: Contribution to journal Article Peer-review

Open access

Sustainable Development Goals

  • SDG 13 - Climate Action
    SDG 13 Climate Action

Abstract

This article explores the draft Protocol on Investment under the African Continental Free Trade Area (AFCFTA) agreement, with a view to examining the Protocol’s implications for climate change objectives in Africa. It explores how the Phase II Protocol on Investment under the AFCFTA could draw from the Paris Agreement. In particular, it suggests that the Protocol on Investment under the AFCFTA can incorporate arrangements to address state and direct investor rights and obligations in relation to climate change action. However, the article proposes that climate change objectives should be addressed in the Protocol in more detail. The article also proposes a strong mechanism of liability and accountability of states and investors under the Investment Protocol, embracing liability for parent multinational corporations (MNCs) in their home states even when such liability is not the law of the investor’s home state.

Publication Information

Output type

Research Output: Contribution to journal Article Peer-review

Original language

English

Journal (Volume, Issue Number)

Transnational Dispute Management (Volume 2024, Issue 1)

Publication milestones

  • Accepted/In press - 11/10/2023
  • Published - 14/11/2023

Publication status

Published - 14/11/2023

ISSN

1875-4120

External Publication IDs

  • handle.net: 10547/626078

Access to documents

Publication metrics

Metrics

Download statistics
Download count
4