The thesis aims at giving a country report of The Gambia, starting by presenting the country’s historical, cultural and legal background. Then its social, political and economic situation will be touched upon and the country’s FDI regime and investment law in general will be laid out. The areas in which FDI could be attracted, how this is done and could be improved will be discussed as well as the promotion and protection of investment, the expropriation and compensation and the dispute settlement of investment related matters. It will finally lay out the international and bilateral treaties the country has signed in the realm of investment, evaluate the different aspects and give recommendations for the future.
In a globalized world international investment as well as investment treaties gain more importance. Investment laws have as their function investment promotion, sustainable development and legal certainty for domestic and foreign investors.
Especially in less developed countries like The Gambia, which were held down mostly due to political reasons and mismanagement, it seems that a time to attract more Foreign Direct Investment (FDI) and develop a more competitive economy has come.
The Gambian people elected a new president in 2017 and the former ‘Jammeh’ regime having lasted for 22 years came to an end. Thus, with the new government common practices like unlawful expropriation seized to exist and it even enacted a Truth, Reconciliation and Reparations Commission (TRRC) to respond to the needs of victims under the former regime and to promote healing and reconciliation. It also introduced a vision and strategic plan to enhance the Gambia’s economy further, the National Development Plan (NDP). The NDP has been aiming at delivering good governance, social cohesion and a transformed economy for the wellbeing of all Gambians.
Table of Contents
A. Introduction
B. The Gambia - History
C. Legal Framework Background
D. Social, Political and Economic Context
I. Social Context
II. Political Context
III. Economic Context
E. Foreign Direct Investment
F. Investment Law Regime
I. Laws on Business Operation in The Gambia
II. Minimum Conditions for Investment
III. Promotion of Investment
IV. Protection of Investment
V. Expropriation and Compensation
VI. Dispute Settlement
G. International Agreements & Treaties
H. Positive and Negative Aspects
I. Conclusion
Research Objectives & Thematic Focus
This master's thesis provides a comprehensive country report on The Gambia, with a primary focus on analyzing its foreign direct investment (FDI) regime, the existing legal framework governing investments, and the potential for future economic growth and reform.
- Historical, cultural, and legal foundations of The Gambia.
- Evaluation of the current social, political, and economic landscape.
- Detailed analysis of the investment law regime and FDI attraction.
- Promotion, protection, expropriation, and dispute settlement mechanisms.
- Assessment of international agreements and recommendations for future improvement.
Excerpt from the Book
A. Introduction
In a globalized world international investment as well as investment treaties gain more importance. Investment laws have as their function investment promotion, sustainable development and legal certainty for domestic and foreign investors.
Especially in less developed countries like The Gambia, which were held down mostly due to political reasons and mismanagement, it seems that a time to attract more Foreign Direct Investment (FDI) and develop a more competitive economy has come.
The Gambian people elected a new president in 2017 and the former ‘Jammeh’ regime having lasted for 22 years came to an end. Thus, with the new government common practices like unlawful expropriation seized to exist and it even enacted a Truth, Reconciliation and Reparations Commission (TRRC) to respond to the needs of victims under the former regime and to promote healing and reconciliation. It also introduced a vision and strategic plan to enhance the Gambia’s economy further, the National Development Plan (NDP). The NDP has been aiming at delivering good governance, social cohesion and a transformed economy for the wellbeing of all Gambians.
This thesis aims at giving a country report of The Gambia, starting by presenting the country’s historical, cultural and legal background. Then its social, political and economic situation will be touched upon and the country’s FDI regime and investment law in general will be laid out. The areas in which FDI could be attracted, how this is done and could be improved will be discussed as well as the promotion and protection of investment, the expropriation and compensation and the dispute settlement of investment related matters. It will finally lay out the international and bilateral treaties the country has signed in the realm of investment, evaluate the different aspects and give recommendations for the future.
Summary of Chapters
A. Introduction: Outlines the significance of investment laws and the thesis's objective to report on The Gambia's historical, legal, and economic context regarding FDI.
B. The Gambia - History: Provides an overview of the nation's Geography, colonization, the transition to independence, and the political developments leading to the end of the Jammeh regime.
C. Legal Framework Background: Describes the tripartite legal system of The Gambia and the recent institutional changes regarding human rights and justice.
D. Social, Political and Economic Context: Analyzes demographic, social, and economic indicators, highlighting the needs and challenges the nation faces to modernize.
E. Foreign Direct Investment: Explores the conceptual framework of FDI and evaluates The Gambia's current standing, challenges, and potential for attracting international investors.
F. Investment Law Regime: Detailed examination of the legal provisions, promotional measures, protection of rights, and dispute resolution mechanisms within the country.
G. International Agreements & Treaties: Lists the bilateral and international investment agreements and emphasizes their role in attracting and securing foreign investment.
H. Positive and Negative Aspects: Critically evaluates the current investment climate, identifying structural weaknesses and providing suggestions for policy improvement.
I. Conclusion: Synthesizes findings and offers concluding remarks on the future of investment, sustainable development, and government policy in The Gambia.
Keywords
The Gambia, Foreign Direct Investment, FDI, Investment Law, Economic Development, National Development Plan, TRRC, Legal Framework, GIEPA, Expropriation, Dispute Settlement, Human Rights, Infrastructure, Economic Policy, Sustainable Development
Frequently Asked Questions
What is the core focus of this master’s thesis?
The thesis provides a detailed country report on The Gambia, primarily examining its legal and regulatory framework for foreign direct investment to help facilitate a transition toward a more competitive economy.
What are the central themes explored in the work?
The work covers the historical and legal background, the current socio-economic status, regulations on business operations, investment incentives, and the protection of foreign assets.
What is the primary goal of the research?
The main objective is to analyze how The Gambia can leverage its legal reforms and institutional transitions to attract more foreign investment and ensure sustainable national development.
Which methodology is applied in this research?
The author performs an extensive legal and policy analysis, relying on national acts, constitutional articles, and international reports to evaluate the Gambian investment climate.
What topics are discussed specifically in the main body?
The main body examines the history of the country, the Tripartite legal system, business registration processes, FDI dynamics, investment protection acts, and the role of the Truth, Reconciliation and Reparations Commission.
How would you characterize the primary keywords of this study?
The study is defined by terms representing governance, economic regulation, and investment, such as FDI, GIEPA, national development, and legal certainty.
How did the change in government in 2017 affect the investment regime?
The change marked a shift away from authoritative mismanagement and unlawful expropriation toward democratic reforms and greater transparency, as evidenced by the introduction of the National Development Plan.
How does the work explain the legal status of Expropriation?
The author explains that while the constitution protects against unlawful expropriation, past practices were often arbitrary, and the thesis argues for clear regulatory mandates to prevent future risks.
- Quote paper
- Fadamos Singateh (Author), 2023, Country Report The Gambia. The Gambia's Investment Law Regime, Munich, GRIN Verlag, https://www.grin.com/document/1442056
