Challenges of safeguarding national interest in negotiating private investment contracts in Africa: case study on Malawi

This dissertation seeks to examine how factors like weak and incoherent mining laws, weak governance, transparency and accountability measures, political influence and negotiating power negatively contribute to the negotiation of EDAs in the mining extractive industry of countries that are rich in mineral resources like Malawi. The analysis of these factors is to provide a better understanding why countries like Malawi enter into EDAs on containing terms and conditions that are against their national interest, which in the cases of these contracts are their social and economic development goals. The conclusion of EDAs by countries that want to further their economic development is not reflected in the terms they agree to. Thus the conclusion of these contracts fails to serve the underlying goal, which is to advance social and economic development.

Grantor dc:publisher.institution

Department of Commercial Law

Year dc:date.issued

2014

Author dc:creator

• Zingano, Chitsanzo Ivy

Advisor dc:contributor.advisor

• Mancuso, Salvatore

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/13028

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/13028