Sustainable development in african regional investment treaties : the case of ECOWAS and SADC.

Abstract

The understanding of the tandem of sustainable development and investment treaty has long been seen in terms of contradiction. Indeed, although there is a consensus on the importance of investments as a vehicle for Sustainable Development, the only international instruments specifically dedicated to them [investment treaties] generally pay little or no attention to this objective; they are designed with the sole aim of ensuring high protection for investors and their investments. Over the past decade, however, new models of investment treaties have emerged in African regional organizations with the sole aim of promoting investments that support sustainable development. However, this paradigm shift, which now advocates the compatibility of the legal regime of transnational investment with social and environmental requirements, raises some questions. Among these is the question of how the commitment to sustainable development is concretely reflected in these regional treaties. The issue is crucial, especially when one considers the difficulties surrounding the analysis of Sustainable Development, a concept and objective that is both multidimensional and evolving. In that regard, the study of ECOWAS and SADC instruments reflected the consideration of Sustainable Development at two levels. First, adaptation, through the amendment of the traditional clauses of investment treaties (Part I). Secondly, innovation, through the introduction of provisions which had not previously existed in Treaty practice (Part II).