The relationship between tax incentives and human rights obligations in the drive to attract foreign direct investment: Are developing countries in Africa getting it right?

The relationship between tax incentives and human rights obligations in the drive to attract foreign direct investment: Are developing countries in Africa getting it right?

Authors A Titus and T Gutuza

ISSN: 1996-2088
Affiliations: Senior Lecturer in Commercial Law, University of Cape Town; Associate Professor in Commercial Law, University of Cape Town
Source: Acta Juridica, 2018, p. 149 – 182

Abstract

Tax incentives are a key feature of the tax policy decisions made in developing countries, notwithstanding the literature expressing doubt as to whether tax incentives are effective in fulfilling their purpose of attracting foreign direct investment (FDI). A concern often raised is that the cost to developing countries of offering tax incentives may be more than the benefits that such tax incentives provide. This essay contributes to this literature by questioning whether developing countries factor in their obligations under the international agreements they have signed when introducing tax incentives. This essay considers several African countries that have signed human rights instruments – such as the International Covenant on Economic, Social and Cultural Rights – and whether the design of the tax incentives these countries offer shows evidence of an awareness of the obligations undertaken under the identified instruments.

Labour standards and foreign direct investment: A perspective on the export oriented garment sectors in selected sub- Saharan African countries

Labour standards and foreign direct investment: A perspective on the exportoriented garment sectors in selected sub-Saharan African countries

Authors D Collier and S Godfrey

ISSN: 1996-2088
Affiliations: Attorney of the High Court, Associate of the Institute of Development and Labour Law, Head of the Department of Commercial Law, University of Cape Town; Co-ordinator of the Labour and Enterprise Policy Research Group, Department of Commercial Law, University of Cape Town
Source: Acta Juridica, 2018, p. 183 – 209

Abstract

This essay considers the relationship between foreign direct investment (FDI), labour markets and labour regulation. The essay discusses the difference between vertical (efficiency-seeking) FDI and horizontal (market-seeking) FDI, and the likely dynamics between these different types of FDI and labour markets and labour relations. Lesotho and Ethiopia are discussed as examples of how FDI interacts with labour standards and labour market regulation in the context of sub-Saharan Africa. The essay argues for policy orientation in developing countries in Africa to attract a more beneficial type of investment that balances the interests of investors with those of the host country and its workforce. The essay concludes with the observation that the development of regional value chains in the context of the AfCTA should be pursued.