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
©2014 Law and Development Review
Articles in the same Issue
- Frontmatter
- Editorial
- Law and Development Implications of Transnational Land Acquisitions: Introduction
- Articles
- The Law and Land Grabbing: Friend or Foe?
- Arab Acquisitions in Sub-Saharan Africa: Partners in Development?
- The Media Discourse of Land Grabbing and Resistance During Myanmar’s Legal Reformation: The Monywa Copper Mine
- International Adjudication of Land Disputes: For Development and Transnationalism
- Managing Foreign Investment in Agricultural Land in Africa: The Role of Bilateral Investment Treaties and International Investment Contracts
- Regulations of Large-Scale Acquisitions of Land: The Case of the Voluntary Guidelines on the Responsible Governance of Land, Fisheries and Forests
- Questioning the “Regulatory Approach” to Large-Scale Agricultural Land Transfers in Ethiopia: A Legal Pluralistic Perspective
- What Can Be Expected from International Frameworks to Regulate Large-Scale Land and Water Acquisitions in Sub-Saharan Africa?
Articles in the same Issue
- Frontmatter
- Editorial
- Law and Development Implications of Transnational Land Acquisitions: Introduction
- Articles
- The Law and Land Grabbing: Friend or Foe?
- Arab Acquisitions in Sub-Saharan Africa: Partners in Development?
- The Media Discourse of Land Grabbing and Resistance During Myanmar’s Legal Reformation: The Monywa Copper Mine
- International Adjudication of Land Disputes: For Development and Transnationalism
- Managing Foreign Investment in Agricultural Land in Africa: The Role of Bilateral Investment Treaties and International Investment Contracts
- Regulations of Large-Scale Acquisitions of Land: The Case of the Voluntary Guidelines on the Responsible Governance of Land, Fisheries and Forests
- Questioning the “Regulatory Approach” to Large-Scale Agricultural Land Transfers in Ethiopia: A Legal Pluralistic Perspective
- What Can Be Expected from International Frameworks to Regulate Large-Scale Land and Water Acquisitions in Sub-Saharan Africa?