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Managing Foreign Investment in Agricultural Land in Africa: The Role of Bilateral Investment Treaties and International Investment Contracts

  • Uche Ewelukwa Ofodile EMAIL logo
Published/Copyright: August 21, 2014

Abstract

This paper seeks answers to three questions. What are the trends in terms of the role of bilateral investment treaties (BITs) and land contracts in addressing complex environmental, social and governance issues implicated in foreign direct investment in agricultural land (agro-FDI)? Are countries in sub-Saharan Africa (SSA) effectively using these two policy instruments to maximize the benefits of agro-FDI and to minimize associated risks and dangers? Do countries in SSA appreciate and are they effectively managing the complex interactions between international investment law, as encapsulated in BITs, and other regimes of international law, particularly the international human rights regime?

References

De Schutter, O., “G20 Action Plan Addresses Symptoms, Not Causes of Food Insecurity”, africanagricultureblog.com, 27 June 2011.Search in Google Scholar

Doya, David Malingha, “Karuturi Global Plans $500 Million Investment in Tanzania Food Production”, Bloomberg, 18 August 2011.Search in Google Scholar

EchoGéo, “Land for Agribusiness International? A Dilemma for Land Policy Madagascar”, EchoGéo, No. 11, December 2009/February 2010.Search in Google Scholar

ET, “Ethiopia Offers India Farmland for Investment”, Economic Times (New Delhi), 2 February 2011.Search in Google Scholar

FAO, “FAO Head Warns on Land-Grabbing: Foreign Investment as Tool for Development”, United Nations Food and Agriculture Organisation Media Centre, 12 May 2011.Search in Google Scholar

Goswami, R., “African Landrush”, Infochange News & Features, 5 April 2010.Search in Google Scholar

Hazra, A., “India Joins Race for Land in Africa, China Way Ahead”, Hindustan Times, 4 May 2009.Search in Google Scholar

Heinlein, P., “Foreign Agro Firms Scoop up Ethiopian Farmland”, Voice of America Online, 22 February 2010.Search in Google Scholar

IANS, “India Offers to Spur Green Revolution in Drought-Hit Tanzania”, Indo-Asian News Service (IANS), 15 September 2009, p. 40.Search in Google Scholar

IANS, “Low Cost, High Returns Make Africa Attractive to India Inc.”, Indo-Asian News Service (IANS), 5 April 2011.Search in Google Scholar

Le Monde, “In Madagascar, an Indian Company Plans to Rent Nearly 500,000 Ha”, Le Monde (France), 21 March 2009.Search in Google Scholar

McConnell, T., and J.Overdorf, “New Scramble for Africa’s Land”, The Global Post, 5 October 2010.Search in Google Scholar

McLure, J., “Ethiopian Farms Lure Investor Funds as Workers Live in Poverty”, Bloomberg, 31 December 2009.Search in Google Scholar

Metho, O., “Response to Karuturi CEO on His Ethiopia Land Grab”, Solidarity Movement for a New Ethiopia (SMNE), Addis-Ababa, 10 November 2010.Search in Google Scholar

Metho, O., “Major Loopholes in Land Lease Contracts Raise Many Questions”, Statement by Solidarity Movement for a New Ethiopia (SMNE), Addis-Ababa, 12 May 2011a.Search in Google Scholar

Metho, O., “An Open Letter to the People of India, a Day Light Robbery in Ethiopia: ‘Doing Business’ with African Dictators”, Solidarity Movement for a New Ethiopia (SMNE), Addis-Ababa, 15 June 2011b.Search in Google Scholar

Mihretie, K., “Ethiopia on the Verge of Colony of Many”, Anyuak Media, 31 January 2010.Search in Google Scholar

Mitra, D., “Uganda Offers Farmland for Indian Investment”, Indo-Asian News Service (IANS), 20 August 2010.Search in Google Scholar

NAPM, “Sangharsh to UPA: Ensure Land Rights: Stop Land Acquisition and Displacement”, Press Release by National Alliance of People’s Movements, 5 August 2011.Search in Google Scholar

Nelson, D., “India Joins ‘Neocolonial’ Rush for Africa’s Land and Labor”, The Telegraph (Calcutta), 28 June 2009.Search in Google Scholar

NGOs, “Stop Land Grabbing Now!” A Public Statement Led by La via Campesina, FIAN, Land Research Action Network, GRAIN and Signed by Several Dozen Other Organisations. List of co-signers is, available at: <http://farmlandgrab.org/post/view/12200>, 22 April 2010.Search in Google Scholar

Pambazuka, “Land ‘Investment’ Deals in Africa: Say ‘No Way!’”, Pambazuka News, 1 July 2011.Search in Google Scholar

Patkar, M., Interview with Medha Patkar of the Narmada Bachao Andolan and the National Alliance of People’s Movements at the “Sangharsh to UPA: Ensure Land Rights: Stop Land Acquisition and Displacement” Rally in New Delhi, 5 August 2011.Search in Google Scholar

Ramesh, M., “Solvent Extractors Want Govt Aid to Buy Farmland Abroad”, The Hindu Businessline, 27 October 2009.Search in Google Scholar

Ramsurya, M.V., “Indian Companies Buy Land Abroad for Agricultural Products”, Economic Times (New Delhi), 2 January 2010.Search in Google Scholar

Sahai, S., “The New Colonizers”, Deccan Herald, 27 November 2010.Search in Google Scholar

Sharma, D., “With Farmlands Being Grabbed, Africa Too Awaits March of the Millions”, Ground Reality, 4 February 2011, p. 42.Search in Google Scholar

Smaller, Carin, and A.Howard Mann, A Thirst for Distant Lands: Foreign Investment in Agricultural Land and Water (Winnipeg, Manitoba, Canada: International Institute for Sustainable Development, 2009).Search in Google Scholar

Vashisht, D., “Punjab’s African Plot”, Indian Express, 11 July 2010.Search in Google Scholar

von Braun, J., and R.Meinzen-Dick,“‘Land Grabbing’ by Foreign Investors in Developing Countries: Risks and Opportunities”, IFPRI Policy Brief, 13 April 2009.Search in Google Scholar

World Bank, Rising Global Interest in Farmland: Can It Yield Sustainable and Equitable Benefits? (Washington, DC: World Bank, 2010).Search in Google Scholar

Worldwatch, “‘Land Grabs’ in Agriculture: Fairer Deals Needed to Ensure Opportunity for Locals”, World Watch Institute, 26 July 2011.Search in Google Scholar

Published Online: 2014-8-21
Published in Print: 2014-12-1

©2014 Law and Development Review

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