Asia and Africa in Transition
A conference within the conference:
Sustainability strategy and Asian investments in energy in Africa – Regulatory governance and dispute resolution
Conveners: Wen Xiang, Faculty of Law, University of Copenhagen, Olubayo Oluduro, Faculty of Law, Adekunle Ajasin University, and Joanna Lam, Faculty of Law, University of Copenhagen
Online presentations, live stream in room 27.0.09
Despite Africa’s rich energy resources, energy poverty is still extant with close to 600 million people lacking access to electricity. This constrains many countries in meeting their energy access goals, sets back industrial development, and reduces the continent’s economic growth significantly. On a positive note, energy access has improved in recent years and Africa is at the forefront of distributed energy systems that increase energy access faster, at a lower price, and geographically more widely than conventional grids. These developments are driven by new business models and decreasing technology costs - also for renewables that are on the rise in large tracts across Africa.
At the same time, extractive industries in the energy sector have continued to dominate especially Chinese investment in Africa. Indeed, thirty percent of China’s oil needs presently are from Africa as opposed to the fifteen percent of Africa’s supply for the U.S.; and approximately seventy percent of exports from Africa to China consist of crude oil. Nigeria and Angola are two major countries in this regard, while China is actively seeking partnership with Ghana, Uganda, Kenya, and Gabon for new fields.
While investments in the energy sector has the advantage of growing the economy of African nations and improving the livelihood of their citizens, such investments also carry with them a lot of challenges (social, economic, human rights, health, etc). Unregulated exploratory activities have contributed significantly to the deprivation of the inhabitants, human rights abuses, loss of biodiversity and disruption of the ecosystem.
Since the first Earth Summit in Rio de Janeiro in 1992, the 2002 World Summit on Sustainable Development in Johannesburg, and the adoption of the 2030 Agenda for Sustainable Development in 2015, it became clear that sustainable development and better governance of energy programs and projects is the direction to follow to meet these challenges, as they emphasize that the supply of energy should be more ecologically compatible.
The panel will discuss:
- The development and influence of Asian investments in the energy sector in African countries and the coupling with Asian development programs, e.g. China’s Belt and Road Initiative.
- The regulatory framework and dispute resolution for energy investments in Africa
- Sustainability challenges in relation to Asia’s energy investments in Africa: The handling of economic, social and ecological impacts, and the impact on health, human rights and environment
Programme
29 June
9:30-11:30 (Copenhagen time/CEST)
Panel: The Quest for Sustainability in Investments in Africa
Chair: Joanna Lam
| Presenter | Title |
|
Keynote address by Makane Moïse Mbengue |
The Quest for Sustainability within Africa's Investment Regulatory Frameworks |
|
Olayinka Ojo |
Asian Investments in Energy in Africa - Judiciary's Role in Ensuring Due Compliance with Sustainable Strategies and Regulations |
|
Weidong Chen |
The Emerging Risks from Third Party Regulations Faced by Chinese Investment in African Countries in the Context of OBOR: Focusing on the EU’s Recent Countervailing Practices |
|
Wei Yin |
Soft Regulation and Hard Law on BRI Linked Projects: How to Promote the Sustainable Investment in Africa? |
13:00-14:00 (Copenhagen time/CEST)
Special Address
Chair: Wen Xiang
|
Charles E. Di Leva |
How the World Bank’s Environmental and Social Framework Can Help Achieve Sustainable Investment in Africa |
14:00-15:15 (CEST)
Panel: China’s Approach to Sustainable Investment in Energy Sector in Africa
Chair: Haicong Zuo
| Presenter | Title |
|
Simon-Peter Ayooluwa St.Emmanuel |
Responsibility to Protect, Sustainability Challenges and Environmental Degradation in Nigeria’s Oil and Gas Energy Sector: The Case for China’s Soft Power Diplomacy Intervention to Protect Environmental Rights |
|
Yong Liang |
The Security Exception Clause under the Impacts of Non-traditional Security: Changes, Justifications and Countermeasures |
|
Salvatore Mancuso |
The Chinese Approach to Dispute Resolution under the BRI |
15:30-17:30 (CEST)
Panel: China-Africa Sustainable Investment: Challenge, Innovation and Trends
Chair: Salvatore Mancuso
| Presenter | Title |
|
Keynote address by Won Kidane |
Contemporary Trends in China-Africa Economic Relations and Dispute Settlement |
|
Joanna Lam |
Investments in Special Economic Zones and Environmental Standards - Lessons from China and Africa |
|
Chi Zhang, Meihui Zhang, Fenghua Li and Ziyu Liu |
Green Finance as a Mechanism to Direct the BRI towards Sustainability
|
| Wen Xiang and Olubayo Oluduro |
Role of China’s New Energy Law and Policy in the African Power Transition |
30 June
9:00-10:40 am (CEST)
Panel: Legal Instruments and Experience
Chair: Manjiao Chi
| Presenter | Title |
|
Julien Chaisse and Kehinde Olaoye |
The Latest on the Best? Reflections on the China-Mauritius FTA |
|
Ying Zhu |
How Green are Chinese Investment Treaties? |
|
Peng Wang |
The EU-China Comprehensive Agreement on Investment as a Sustainable Model for Africa? |
|
Xiaolian Quan |
Promotion and Legal Protection of the Foreign Investment: Based on the Chinese Lithium Investment in Democratic Republic of the Congo |
10:40-12:20 pm (CEST)
Panel: Sustainability and Beyond
Chair: Olubayo Oluduro
| Presenter | Title |
|
Yongmin Bian |
The Contributions and Limits of the CAI to Sustainable Development |
|
Dilini Pathirana |
Asian-Driven Investments in Africa’s Energy Sector; Developmental Prospects and Legal Challenges |
|
Jia Xu |
Rethinking the Sino-Africa Investor Dispute Settlement Mechanism |
|
Bingying Dong |
Liability and Compensation for Vessel Source Marine Pollution in China |
12:20-12:30 (CEST)
Wrap-up
List of Speakers
Makane Moïse Mbengue, Professor, Faculty of Law, University of Geneva
Won Kidane, Professor, School of Law, Seattle University
Charles E. Di Leva, Chief Officer, Environmental and Social Standards at World Bank; Adjunct Professor, George Washington University School of Law and the American University Washington College of Law
Olayinka Ojo, Associate Professor, School of Law, Jindal Global University
Weidong Chen, Professor, School of Law, University of International Business and Economics
Wei Yin, Associate Professor, School of International Law, Southwest University of Political Science and Law
Haicong Zuo, Professor, School of Law, University of International Business and Economics
Simon-Peter Ayooluwa St. Emmanuel, Lecturer, Faculty of Law, Adekunle Ajasin University
Yong Liang, Associate Professor, Fudan University School of Law
Salvatore Mancuso, Professor, University of Palermo
Chi Zhang, Lecturer, School of Law, University of Glasgow
Meihui Zhang, Lecturer, School of Finance, Nankai University
Fenghua Li, Associate Professor, School of Law, University of International Business and Economics
Ziyu Liu, PhD candidate, School of Law, Hong Kong University
Manjiao Chi, Professor, School of Law, University of International Business and Economics
Julien Chaisse, Professor, Faculty of Law, City University of Hong Kong
Kehinde Olaoye, PhD candidate, Faculty of Law, City University of Hong Kong
Ying Zhu, Assistant Professor, Renmin University of China, School of Law
Peng Wang, Associate Professor, School of Law, Xi'an Jiaotong University
Xiaolian Quan, Associate Professor, School of International Law, Southwest University of Political Science and Law
Yongmin Bian, Professor, School of Law, University of International Business and Economics
Dilini Pathirana, Senior Lecturer, Faculty of Law, University of Colombo
Jia Xu, Post-doctoral Fellow, Wuhan University, Institute of International Law
Bingying Dong, Associate Professor, School of Law, University of International Business and Economics
Joanna Lam, Professor mso, Faculty of Law, University of Copenhagen
Olubayo Oluduro, Professor, Faculty of Law, Adekunle Ajasin University
Wen Xiang, Associate Professor, Faculty of Law, University of Copenhagen