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Part II Investor-State Arbitration in the Energy Sector, 15 Energy Investor-State Disputes in Africa

Makane Moïse Mbengue, Samarth Sagar

From: International Arbitration in the Energy Sector

Edited By: Maxi Scherer

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 01 July 2022

Host state law — Treaty provisions — Arbitration

This chapter analyzes some of Africa's regulation in the energy sector, including national legislation in Kenya and Mozambique. The energy sector is particularly important on the African continent, which is replete with traditional energy resources such as oil, gas, and coal — and has recently been seeing a growing emphasis on renewable sources of energy. Historically, the African energy sector has been dominated by the petroleum industry, and to a large extent this is still true today. The chapter looks at the legal instruments relating to investors' rights in Africa and dispute resolution mechanisms therein, distinguishing treaties, municipal legislation, and contracts. The chapter concludes that a major trend of resource nationalism exists on the African continent.

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