Book chapter
English

Parliamentary Scrutiny over Investment Projects: the Case of Tanzania's Natural Resources Regulatory Reform

ContributorsCima, Elenaorcid
Published inEric De Brabandere, Tarcisio Gazzini, and Avidan Kent (Ed.), Public Participation and Foreign Investment Law, p. 177-205
PublisherBrill | Nijhoff
Collection
  • Nijhoff International Investment Law Series; 16
Publication date2021
Abstract

The new natural resources laws introduced by the Republic of Tanzania in 2017 offers an insightful example of the role that parliamentary institutions can play to ensure public scrutiny over foreign investments. Under the new legislation, Tanzania's National Assembly is given the mandate to review any contract signed by the Government with foreign investors in relation to the country's natural resources sector and, whenever the review process reveals that certain terms of the contract in question are not in the interest of the country and its people, it can trigger the re-negotiation of said terms and, lacking a new agreement, their expunction from the text of the contract. On the one hand, the public scrutiny exercised by the National Assembly in such a crucial economic sector as that of natural resources and extractive industries allows the host state to re-captures at least part of its sovereign power. On the other, however, it may have impacts that go far beyond the specific investment contracts reviewed in individual cases, all the way to international investment treaties and to the protection they offer to foreign investors.

Citation (ISO format)
CIMA, Elena. Parliamentary Scrutiny over Investment Projects: the Case of Tanzania’s Natural Resources Regulatory Reform. In: Public Participation and Foreign Investment Law. Eric De Brabandere, Tarcisio Gazzini, and Avidan Kent (Ed.). [s.l.] : Brill | Nijhoff, 2021. p. 177–205. (Nijhoff International Investment Law Series) doi: 10.1163/9789004397668
Secondary files (1)
Extract
accessLevelRestricted
Identifiers
ISBN978-90-04-39766-8
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