Foreign direct investment and the rule of law in Africa in the context of legal integration
Authors S Mancuso and S Rigazio
Affiliations: Professor of Comparative Law and African Law, University of Palermo; Adjunct Professor of Conflict of Laws, University of Palermo
Source: Acta Juridica, 2018, p. 75 – 112
This essay focuses on the relationship between foreign direct investment (FDI) and the rule of law in the context of legal integration in Africa, outside of the AfCFTA agreement. Specifically, the essay investigates the concept of the rule of law, taking into account its ‘dynamic’ side, that is the power to shape and model the structure of a state using the example of OHADA. The OHADA framework shows that the relationship between foreign direct investment (FDI) and the rule of law is not unilateral but a ‘two-way mutual’ relationship where both actors contribute to the success of the system, adapting to each other in order to achieve their respective goals.