IDEAS home Printed from https://ideas.repec.org/a/bpj/lawdev/v19y2026i1p109-154n1002.html

The Investment Protocol of the African Continental Free Trade Area and the Right to Development: An Analysis of Opportunities and Challenges Ahead

Author

Listed:
  • Jodyvash Mohammadreza

    (37551 Shiraz University , Shiraz, Iran)

Abstract

This article examines the implementation of the right to development in the AfCFTA Investment Protocol using an inductive approach. The protocol prioritizes sustainable and inclusive development, offering a novel framework for regulating foreign investments that balances national and regional interests with social and environmental responsibility. Articles 28 and 35 highlight the dual right of host states to regulate investments for development and address developmental disparities. Additionally, Article 31 underscores investors’ obligations to uphold human rights, labor standards, and environmental protection. By providing preferential treatment for local communities and minorities and requiring investors to align with sustainable development goals, the protocol plays a crucial role in protecting marginalized groups. Within this framework, the African Court on Human and Peoples’ Rights exercises its supervisory role to ensure the realization of these rights, while future arbitration mechanisms emphasize transparency and accountability. The protocol redefines traditional principles of international investment law, offering a model for investment governance that harmonizes economic freedom with social justice and environmental sustainability.

Suggested Citation

  • Jodyvash Mohammadreza, 2026. "The Investment Protocol of the African Continental Free Trade Area and the Right to Development: An Analysis of Opportunities and Challenges Ahead," The Law and Development Review, De Gruyter, vol. 19(1), pages 109-154.
    • Handle: RePEc:bpj:lawdev:v:19:y:2026:i:1:p:109-154:n:1002
    DOI: 10.1515/ldr-2024-0125
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ldr-2024-0125
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/ldr-2024-0125?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:lawdev:v:19:y:2026:i:1:p:109-154:n:1002. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyterbrill.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.