Browsing by Author "Lefifi,Tebogo"

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    A Comparative Analysis of Legal Frameworks for Investments in Africa by China and the European Union
    (2020) Hügens, Jonathan; Ordor, Ada; Lefifi,Tebogo
    This thesis presents a comparative analysis of the legal investment frameworks of the European Union and China in African countries. The thesis reviewed financial instruments of foreign direct investments, official development assistance and other official flows. The legal analysis focus on the demand on political conditions to access the financial assistance; under which conditions are the projects tendered; and which labor standards set the parties while the project is implemented. All reflected under the aspect of the fairest condition for African countries. The comparison figured out that the European Union with its demands for the implementation of human rights, democracy and the rule of law facing certain reluctance of most African governments for a full implementation while contrary to that the OneChina principle is broadly acknowledge by African governments to gain investments. When projects are tendered the research presents that the European Union searches for local and regional providers to strengthen African businesses. This with guidelines for core labor laws based on human rights when it comes to the implementation. While China tenders with a strong commercial self-interest and does not set any labor standards relaying on local laws and showing limited interest and understanding when it comes to implementation.
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    Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation
    (2021) Fraschia, Lee-Anne Paula; Ordor, Ada; Lefifi,Tebogo
    Chinese investments in Africa, are visible in almost all African Countries. In many ways, one could claim, China's commercial activities in Africa has rebranded its image from a dark and desolate continent to an upcoming economic hub. To compliment these commercial activities, the Forum on China-Africa Cooperation (FOCAC) was established in 2000 and played an instrumental role in enhancing the investment relationship between the two sides. However, this increase of investments, inevitably led to the surge of Africa-China investment disputes. The settlement of these disputes, faces many challenges in domestic and international legal frameworks. Therefore, this paper aims to analyse the FOCAC platform's contributions in settling Africa-China investment disputes. The requirement for an effective dispute settlement mechanism, is also imperative for Africa China economic relations. This could, ensure that the commercial relationship between the two sides, endures continuously and yields ample mutual benefits. According to the African Development Bank Group, Africa has an infrastructure gap of approximately U$D93 billion. Thus, African Countries are reliant on Chinese investments because most of these investments focus on developing roads, railways, bridges, airports amongst others. Infrastructure remains a quintessential component regarding economic stimulation and growth. However, many of these infrastructural investments experiences complexities such as quality control checks, environmental damages, unfair labour practices to name a few. Therefore, it is important to establish a dispute settlement forum, which is affordable, easily accessible, non-bias, fast and reliable inter alia. Moreover, many benefits are attributable to Africa-China investments such as the creation of employment, building of key infrastructures and transfers of skills to name a few.6 Considering that, the FOCAC forum significantly boosted economic developments between the two parties, it is worthwhile to investigate its responses to the overwhelming rates of investment disputes.