Research and Analysis
Independent analysis of international investment law, arbitration, investment governance and the communities affected by investment.
Latest Posts
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The Future: Reforming ISDS for a Changing World
Reforming ISDS: From Dispute Settlement to Dispute Governance Investor–State Dispute Settlement (ISDS) is no longer a settled field. For much of its modern history, investment arbitration developed through a network of bilateral investment treaties, multilateral instruments, investment contracts and arbitration… read more…
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Communities Left Behind: Power and Investment Projects
Investment law is often described as technical, specialised, even neutral. Yet the rules that govern cross-border investment are not impartial; they reflect particular interests and priorities, protecting capital while leaving communities vulnerable to disruption. Large-scale investment reshapes governance itself: it… read more…
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Investment Screening in Kenya, Uganda and Tanzania: Who Gets to Enter?
Investment admission is never merely an Economic Decision. It is an exercise of regulatory power When a foreign investor decides to enter an African market, the question is often presented as a straightforward one: Is… read more…
Law & Arbitration
Case Files
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Case File 05 | World Duty Free v Kenya
Corruption, Transnational Public Policy and the Limits of Investment Protection The Dispute: World Duty Free v Kenya concerned a contractual dispute arising from the claimant’s involvement in Kenya’s duty-free airport… read more…
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Case File 04 | Bear Creek Mining Corporation v Peru
Community Opposition, Social Licence and Investor Protection The Dispute: Bear Creek Mining Corporation v Peru concerned the proposed Santa Ana silver mining project in the Puno region of Peru. Bear… read more…
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Case File 03 | Total E & P Uganda v Uganda
Taxation, Treaty Protection and Settlement Before the Merits The dispute Total E & P Uganda BV v Uganda arose from an investment in Uganda’s oil sector and involved allegations concerning… read more…
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Case File 02 | Biwater Gauff v Tanzania
Public Regulation, Fair and Equitable Treatment and the Cost of Expropriation Claims The Dispute: Biwater Gauff v Tanzania arose from a private-sector water and sanitation project in Dar es Salaam.… read more…
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Case File 01 | Cortec Mining v Kenya
When Domestic Compliance Becomes a Jurisdictional Gatekeeper The Dispute: Cortec Mining v Kenya arose from the attempted development of a rare-earth and niobium mining project at Mrima Hill on the… read more…
International Investment Law & Arbitration
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10 Core Rules & Concepts In Investment Protection.
Investor‑state protections in treaties and contracts safeguard cross-border investments and manage risks. Key standards like FET, MFN, National Treatment, Umbrella Clauses, and Legitimate Expectations ensure fairness and predictability. Mechanisms such… Read more…
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Investment Law Glossary: 45 Important Terms and Definitions
International investment law operates through a complex architecture of treaty standards, arbitral doctrines, and governance principles that shape how states regulate public interests and how investors claim protection. Core concepts… Read more…
Sustainability & Communities
Communities and Investments
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Communities Left Behind: Power and Investment Projects
Investment law is often described as technical, specialised, even neutral. Yet the rules that govern cross-border investment are not impartial; they reflect particular interests and priorities, protecting capital while leaving… read more…
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Community Participation and the Politics of Inclusion
Once participation has legitimised the project, conflict migrates. Resistance is recast as breach. Community harm becomes investor loss. The village disappears; the tribunal takes its place. In investment arbitration, the… read more…
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When Harm Becomes a Dispute
Investment-related harm begins in lived experiences, loss of land, water contamination, and displacement, not in legal disputes. Yet when these harms enter formal dispute resolution, they are narrowed, relocated, and… read more…
Investment and Governance
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Who Governs Investments? Kenya, Uganda and Tanzania Compared
How East African investment governance is structured across national investment authorities, entry mechanisms, regulatory oversight and strategic investment frameworks. Who Governs Investments in Kenya, Uganda and Tanzania? Investment law often speaks about “the State” as though it were a unified… read more…
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LAW & ARBITRATION
International investment law, arbitration, dispute settlement and the rules governing investment.
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Sustainability and Communities
Investment, development, environmental governance and the communities affected by them.
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INVESTMENT GOVERNANCE
The institutions, policies and regulatory frameworks that shape investment.