Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation

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dc.contributor.advisorOrdor, Ada
dc.contributor.advisorLefifi,Tebogo
dc.contributor.authorFraschia, Lee-Anne Paula
dc.date.accessioned2022-02-18T08:14:58Z
dc.date.available2022-02-18T08:14:58Z
dc.date.issued2021
dc.date.updated2022-02-14T09:13:11Z
dc.description.abstractChinese 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.
dc.identifier.apacitationFraschia, L. P. (2021). <i>Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/35731en_ZA
dc.identifier.chicagocitationFraschia, Lee-Anne Paula. <i>"Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation."</i> ., ,Faculty of Law ,Department of Public Law, 2021. http://hdl.handle.net/11427/35731en_ZA
dc.identifier.citationFraschia, L.P. 2021. Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/35731en_ZA
dc.identifier.ris TY - Master Thesis AU - Fraschia, Lee-Anne Paula AB - 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. DA - 2021_ DB - OpenUCT DP - University of Cape Town KW - Commercial Law LK - https://open.uct.ac.za PY - 2021 T1 - Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation TI - Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation UR - http://hdl.handle.net/11427/35731 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/35731
dc.identifier.vancouvercitationFraschia LP. Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation. []. ,Faculty of Law ,Department of Public Law, 2021 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/35731en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.subjectCommercial Law
dc.titleChinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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