On 28 May 2013 EU’s Trade Commissioner Karel de Gucht and Bangladeshi Foreign Minister Dr. Dipu Moni issued a joint statement regarding the deadly collapse of a garment factory in Savar, near Dhaka, on 24 April 2013 where 1,129 people were killed and some 2,500 were injured. The message is crystal clear for both exporters and importers of garment products manufactured in Bangladesh in particular and in developing countries in general:
The Constitution lists 29 National Objective and Directive Principles on State Policy. Objective and Principle 28 relates to Uganda’s Foreign Policy.
Uganda’s Foreign Policy is to respect international law and treaty obligations, which override municipal law. Ugandan courts will to this extent accord treaty policy benefits to individuals thereby negating oppressive municipal law provisions.
The State and all persons making policy decisions are bound to take into account the Objectives and Principles so as to promote the establishment of a just, free and democratic society.
The President must report to Parliament and the nation at least once a year, on steps taken to ensure realization of the Objectives and Principles.
Any treaties, which had been signed, affirmed or in force, prior to promulgation of the Constitution still bind and have the force of law in Uganda. Treaty provisions, will prevail in case of any conflict arising from domestication legislation. In the same vein municipal legislation and judicial practice must conform to treaty provisions.
Effective 8th October 1995, Uganda can only conclude treaties or conventions, only after the Attorney General has issued legal advice. The Constitution divests the Attorney General of any discretion to conclude any treaty, where the party is a foreign government, government agency or an international organization.
Parliament’s ratification jurisdiction is reserved for treaties on armistice, neutrality, peace or the subject of which require amendment of the Constitution. All other treaties are ratified by Cabinet.
The Attorney General must table, before Parliament, any ratified Treaty.
 Promulgated on 8th October 1995.
 Cap.204, effective from 13th March 1998.
 Objective XXVIII Constitution.
 Concorp International Ltd v. East and Southern Development Bank,  UGSC 19.
Uganda Law Society v A.G,  UGCC 1.
 Objective I (i) Constitution.
 Art.287 Constitution.
 Akidi Margaret v. Adong Lilly, Electoral Commission,  UGHC 57.
 Art.119(5) Constitution.
 Art.119(6) Constitution.
 S.2(b)(i) & (ii) Cap.204. See Legal Notice No.9 of 2001, on the Resolution by Parliament to ratify the African Union Treaty. Pentecostal Assemblies of God (U) Ltd v. Transsahara International (U) Ltd,  UGSC 12.
 S.2(a) Cap.204.
 S.3 Cap.204.
 S.5 Cap.204.
 S.4 Cap.204. Supra fn.9 on African Union Treaty.
A milestone decision was passed down by South Africa’s premier court seated in Braamfontein, Johannesburg. This was in the case of Agri South Africa v. Minister for Minerals and Energy. It is a case testing the legality of the Mineral and Petroleum Resources Development Act (MPRDA) 28 of 2002 (as amended), particularly its black empowerment provisions. Simply put this piece of legislation had the effect of vesting all mineral ownership to the state. Before it came into being, mineral resources underground were owned by the land owners who in most instances happened to be farmers. These farmers had inter alia the right to exploit the minerals and to lease such mining rights to anyone on their terms. The claimants challenged it on the basis that it expropriated their property. The court ruled that there is a difference between expropriation and deprivation. And basically provided that the concept of indirect expropriation did not apply in South African law.
On 23 May 2013 the European Commission decided to ask EU Member States for their agreement on a mandate to open negotiations on an investment agreement with China. As the Commission has underlined, “this is the first ever proposal for a stand-alone investment agreement since foreign direct investment became the exclusive competence of the EU under the Lisbon Treaty” on 1 December 2009.
On 8 May 2013 the Official Journal of the European Union has published the List of the bilateral investment agreements referred to in Article 4(1) of Regulation (EU) No 1219/2012 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries.
Here in Europe we are longing for the publication by the European Union of the list of pre-2009 BITs that its 27 Member States want to maintain in force or permit to enter into force with third States pursuant to Articles 2 and 4(2) of Regulation 1219/2012. This list will clarify the status of some 1,200 BITs entered into by EU Member States between 1959 and 2009 – undoubtedly a major event for international investment law. Continue reading »
On 30 April 2013 Saudi Arabia and Japan signed an Agreement for the Promotion and Protection of Investment (BIT) within the framework of the official visit paid by Mr. Shinzo Abe, Japanese Prime Minister, to Saudi Arabia.
This article attempts to highlight the costs associated with bringing a case for arbitration at the International Centre for Settlement of Investment Disputes (ICSID) that the Parties will incur. Continue reading »
UNCTAD has published a new edition of its statistics on investment treaty arbitration. Despite its title, “Recent Developments in Investor-State Dispute Settlement (ISDS)”, it just refers to investment treaty arbitration, as stated above, because an inquiry on investment disputes arising out solely of a contract between a foreign investor and a State entity is almost impossible to achieve (arbitration courts apply strict confidentiality on these matters). Continue reading »
On 29th July 1993, BHP Minerals International Exploration Inc. (BHP) and the Balochistan Development Authority (BDA), a statutory corporation of the Province of Balochistan in Pakistan, entered into a Chagai Hills Exploration Joint Venture Agreement (CHEJVA) for exploration of deposits of gold, copper, and other minerals in the Chagai district of Balochistan. However, pursuant to two subsequent contracts, (i) an option Agreement and (ii) an Alliance Agreement with BHP, the Claimant, Tethyan Copper Company Pty Limited, a company constituted and registered under the laws of Australia and owned in equal shares by Antofagasta Plc, a company incorporated in the United Kingdom with its headquarters in Chile, and Barrick Gold Corporation, a company incorporated in Canada, took over from BHP the exploration activities in the Chagai Hills exploration area. Continue reading »
March 2013 will be remembered as a month in which relevant FTA negotiations were launched or reinforced by accessions of powerful States. One of the most prominent actors in this period has no doubt been Japan as in just a couple of weeks it decided to join existing FTA talks for the Trans-Pacific Partnership (TPP) and launch FTA negotiations with the European Union (EU). Continue reading »
Today we would just like to share with our readers some news coming from the current European tour of President Evo Morales of Bolivia. In this regard it is reported that, both in Vienna, Austria on 11 March 2013 and in Paris, France on 12 March 2013, Mr. Morales has defended the string of nationalizations decreed by the Bolivian Government in recent months. Continue reading »
The EU has been very active in the promotion of free trade and investment during the last two weeks. Morocco, Peru, Ukraine or the United States of America have become or will become EU partners in those fields in the near future.
Now we would like to complete the scenario by pointing out the latest developments of EU initiatives with a further two developing countries: Myanmar and Vietnam. Continue reading »
As already reported, on 18 February 2013 the Government of the Plurinational State of Bolivia agreed to expropriate and nationalize Servicios de Aeropuertos Bolivianos, S.A. (SABSA), a Bolivian company which was granted concessions to run airports in La Paz, Santa Cruz de la Sierra and Cochabamba. SABSA was ultimately controlled by Spanish companies Abertis and AENA from 2004 until the date of nationalization. Continue reading »
The EU seems to be definitely committed to promoting worldwide free trade (and foreign direct investment) as a means to overcome the current economic crisis. Continue reading »