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.
Inhaltsverzeichnis (Table of Contents)
- A. Introduction.
- B. The Gambia - History.
- C. Legal Framework Background.
- D. Social, Political and Economic Context.
- I. Social Context..........\n
- II. Political Context\n
- III. Economic Context.\n
- E. Foreign Direct Investment.
- F. Investment Law Regime
- I. Laws on Business Operation in The Gambia ..\n
- II. Minimum Conditions for Investment\n
- III. Promotion of Investment\n
- IV. Protection of Investment.....\n
- V. Expropriation and Compensation\n
- VI. Dispute Settlement.........\n
- G. International Agreements & Treaties\n
- H. Positive and Negative Aspects ........\n
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This thesis aims to provide a country report of The Gambia, exploring its historical, cultural, and legal background. It delves into the nation's social, political, and economic context, focusing on the Gambian FDI regime and investment law. The study examines the areas in which FDI can be attracted, analyzing the promotion and protection of investment, expropriation and compensation, and dispute settlement mechanisms. It further outlines international and bilateral treaties signed by The Gambia in the realm of investment, evaluating its diverse aspects and offering recommendations for the future.
- Historical, cultural, and legal background of The Gambia
- Social, political, and economic situation of The Gambia
- Foreign Direct Investment (FDI) regime and investment law in The Gambia
- Promotion and protection of investment in The Gambia
- International and bilateral treaties related to investment in The Gambia
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction presents the overarching goal of the thesis, which is to provide a comprehensive report on The Gambia's investment law regime. It highlights the significance of international investment and investment treaties in a globalized world, emphasizing their role in investment promotion, sustainable development, and legal certainty for both domestic and foreign investors.
Chapter B traces the history of The Gambia, focusing on its geographical location and its historical ties to Senegal. It explores the impact of European arrival and the role of trade in the region, detailing the transition from traditional tribal kingdoms to British and French control. The chapter also discusses the challenges of slavery and the eventual independence of The Gambia in 1965.
Chapter C provides an overview of the legal framework background of The Gambia, examining the legal system and its evolution over time. It explores the influence of British common law and the subsequent development of an independent judiciary. The chapter also discusses key legislation and legal principles relevant to investment.
Chapter D delves into the social, political, and economic context of The Gambia. It examines the country's social structure, cultural diversity, and demographic characteristics. The chapter further analyzes the political landscape, highlighting the transition from the former regime to the new government, including the establishment of the Truth, Reconciliation and Reparations Commission (TRRC) and the National Development Plan (NDP). It concludes with an overview of the Gambian economy, exploring its key sectors, challenges, and opportunities.
Chapter E focuses on foreign direct investment (FDI) in The Gambia. It discusses the importance of FDI for economic development and the role of investment laws in attracting foreign capital. The chapter examines the current state of FDI in The Gambia, identifying key sectors and potential challenges for investors. It also discusses the policies and strategies implemented by the government to attract and promote FDI.
Chapter F provides a comprehensive analysis of The Gambia's investment law regime, outlining the legal framework governing business operations and investment activities. It examines the minimum conditions for investment, including registration requirements and investment incentives. The chapter further explores the protection of investment, discussing the legal framework for safeguarding foreign investments and addressing potential risks. It also examines the provisions on expropriation and compensation, outlining the legal framework for dealing with expropriation and the rights of foreign investors in such scenarios.
Chapter G examines The Gambia's international agreements and treaties related to investment. It explores the country's participation in international investment regimes, including the World Trade Organization (WTO) and bilateral investment treaties. The chapter discusses the key provisions of these agreements and their impact on the investment landscape in The Gambia. It also explores the role of these agreements in attracting FDI and facilitating international business.
Chapter H evaluates the positive and negative aspects of The Gambia's investment law regime. It examines the strengths and weaknesses of the current legal framework, identifying areas for improvement and potential challenges. The chapter discusses the effectiveness of the government's policies in attracting and promoting FDI, highlighting the impact of the legal framework on investor confidence. It also examines the challenges faced by foreign investors in The Gambia, including bureaucratic hurdles, corruption, and lack of infrastructure.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this thesis are: The Gambia, investment law, Foreign Direct Investment (FDI), investment promotion, sustainable development, legal certainty, expropriation, compensation, dispute settlement, international agreements, bilateral treaties, economic development.
- 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
