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June 19, 2026German Law Journal0 citationsOpen Access

Legitimacy Crisis in Investment Arbitration: Colonialism, Neo-Colonialism, and Africa’s Role in the Reform-Work

CCChinedu Joachin ChinedumSASomtochukwu Arthur Attamah

Key Points

  • The article explores the legitimacy crisis in investment arbitration, focusing on Africa's historical and contemporary roles in the ISDS system.
  • Historical analysis of colonial origins of international investment law
  • Examination of relevant case law
  • Review of UNCITRAL's Working Group III reform agenda.
  • Highlights the disproportionate disadvantages faced by African states in ISDS mechanisms.
  • Proposes regionally grounded reforms to empower African states in investment arbitration.
  • Argues for a shift in perception of African states as crucial contributors rather than passive respondents.

Abstract

Abstract This Article examines the legitimacy crisis in investment arbitration with a particular focus on Africa’s historical and contemporary experiences under the investor–state dispute settlement (ISDS) system. Tracing the colonial origins of international investment law, it argues that the structure and implementation of ISDS mechanisms have disproportionately disadvantaged African states. Through historical analysis, case law, and the reform agenda of UNCITRAL’s Working Group III, the Article highlights how Africa was both shaped by and now actively participates in shaping global investment law. While acknowledging colonial-era power asymmetries, the Article contends that the future lies in Africa’s strategic engagement with reform efforts. It concludes by proposing regionally grounded reforms and a shift in perspective that recognizes African states not as passive respondents, but as vital contributors to the evolution of investment arbitration.

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Cite This Study

Chinedum et al. (2026) studied this question.

synapsesocial.com/papers/6a34dd8765a5b0777af2d3f5https://doi.org/10.1017/glj.2026.10221
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