International Investment Agreements have often been an (unfulfilled) promise of economic development in the South, especially in Africa because of its abundant mineral and oil resources. However, foreign investment has often come at the expense of the environment in countries with virtually no laws to protect it.

The international community is aware of the urgency to transform our economy into one based on sustainable development (Agenda 2030, Agenda 2063, Kyoto Protocol, etc.). Therefore, Contracting States need to reform the way they draft IIAs.

Nevertheless, host States still need to attract investment. It is therefore necessary to find a way to reconcile the rights of foreign investors with environmental protection obligations. This paper aims to demonstrate how this can be achieved in African States.