Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment.

A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction. These protections are considered through the prism of the Zambian investment climate, and give a glimpse into both historical and current issues.

Key Features

• Provides an explanation of Investment law in Zambia by an expert in the field
• Contains the ZDA Act, the MIGA Convention and the ICSID for easy reference
• Explains key cases litigated in this area of the law
• Gives a succinct history and analysis of nationalisation policy in Zambia
  
  

• Cases
• Latin phrases and abbreviations
• Introduction to investment law
  • Sources of international investment law
• The Resource Nationalism Cycle
  • The need for foreign direct investment
  • Appreciation of the natural resource
  • Systems of government
  • A statement of nationalism
• The history of mining in Zambia
  • Commercial mining in Northern Rhodesia
  • Independence and the nationalisation of the mines
  • Privatisation of the mines
• The Zambian Development Agency Act
  • General areas covered by the Zambian Development Agency Act
• Stabilisation clauses
  • Permanent sovereignty over natural resources
  • The effect of stabilisation clauses – early, Libyan nationalisation and later cases
• Nationalisation and compensation
  • Taking of property
  • Is nationalisation legal?
  • Compensation
• Investment arbitration
  • International commercial arbitration
  • The International Centre for the Settlement of Investment Disputes (ICSID)
• The Multilateral Investment Guarantee Agency (MIGA)
  • Types of risks covered
  • Other non-commercial risks and exclusions
  • Eligible investments
  • Eligible host countries and investors
  • Right of subrogation
  • Resources of investment
  • Dispute resolution
• Annexures
  • Convention establishing MIGA
  • Zambian Development Agency Act 11 of 2006
  • ICSID Convention

• Law students - undergraduate and postgraduate
• Legal academics teaching the investment law
• Judges
• Attorneys
• Magistrates
• Investors
• Legal scholars