oa Comparative and International Law Journal of Southern Africa - Protecting natural resource contracts from national measures in Africa: some comparisons with the Australian experience



The purpose of this article is to examine some of the devices traditionally employed in natural resource contracts and other agreements to protect such contracts from the national measures of African states. Their effectiveness to protect investors are considered and comparisons are drawn with the Australian experience because, although Australia is of the west, like most African states, it imports capital to exploit most of its natural resources. It could therefore, offer some interesting comparisons with the African experience. The comparisons acknowledge the differences in the political and economic environments of Australia and Africa and the fact that such environments affect the treatment of foreign investments. It must be noted that it is not only investors who require protection; host states often also require protection from the possible deleterious effects of foreign investment.


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