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Good governance and foreign investment law. Equilibrium between the East...

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Titel Good governance and foreign investment law. Equilibrium between the East African community integration necessity and member states' national development's needs
Looptijd 03 / 2011 - 02 / 2015
Status Lopend
Dissertatie Ja
Onderzoeknummer OND1344956
Leverancier gegevens Onderzoeker

Samenvatting (EN)

The East African Community (EAC) is made of five developing countries which do not have the same level of compliance to good governance principles, do not have the same economic level and display different development opportunities. Nevertheless they have agreed to create a common market where capitals will circulate freely. An important part of these capitals is made of Foreign Direct Investments (FDI). But still each Member State has its own national regulations and institutions in charge of promoting and protecting FDI and insuring good governance compliance. Efforts are being done at the regional level to set up rules to govern both, but separately, good governance practices and Foreign Investments within the EAC. However the implementation of the regional text could be ineffective since legal texts at the national level are not aligned with the regional ones. And this to be done, some parameters such as national development priorities are a crucial element. The national development needs shape the investments policy to attract and protect FDI. Yet FDI attraction is in some extent tributary to good governance compliance. Therefore, since the equitable economic development is the final objective of the EAC, if FDI are not managed on a good-governance based approach within the EAC common market, the cohesion within the Community will be difficult to maintain. This research aims at finding from a legal perspective a fair equilibrium between the integration necessity and States? development needs for the survival of the EAC. research.edit.summary_en The East African Community (EAC) is made of five developing countries which do not have the same level of compliance to good governance principles, do not have the same economic level and display different development opportunities. Nevertheless they have agreed to create a common market where capitals will circulate freely. An important part of these capitals is made of Foreign Direct Investments (FDI). But still each Member State has its own national regulations and institutions in charge of promoting and protecting FDI and insuring good governance compliance. Efforts are being done at the regional level to set up rules to govern both, but separately, good governance practices and Foreign Investments within the EAC. However the implementation of the regional text could be ineffective since legal texts at the national level are not aligned with the regional ones. And this to be done, some parameters such as national development priorities are a crucial element. The national development needs shape the investments policy to attract and protect FDI. Yet FDI attraction is in some extent tributary to good governance compliance. Therefore, since the equitable economic development is the final objective of the EAC, if FDI are not managed on a good-governance based approach within the EAC common market, the cohesion within the Community will be difficult to maintain. This research aims at finding from a legal perspective a fair equilibrium between the integration necessity and States? development needs for the survival of the EAC.

Betrokken organisaties

Betrokken personen

Promotor Prof.dr. G.H. Addink
Promovendus Mr. B. Mbembe

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