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Copyright (c) 2004 San Diego International Law Journal 
San Diego International Law Journal

ARTICLE: The New Partnership for Africa's Development: Institutional and Legal Challenges of Investment Promotion


5 San Diego Int'l L.J. 145




I. Introduction
For an initiative that is barely three years old, there is a surprisingly rich literature on the New Partnership for Africa's Development (NEPAD). Indeed, in spite of the fact that Africa has produced her share of intellectually stimulating homegrown development paradigms, none in the recent past matches the enthusiasm that NEPAD has generated. NEPAD has become the most captivating of these numerous ideas, and perhaps the most promising in terms of strategy and potential to improve Africa's economic condition. In part, this owes to the deeply intellectual yet pragmatic approach underpinning it's founding, having drawn inspiration from the idea of an "African renaissance." 2 It also owes its acceptability to the "partnership" concept, making the agreement seem more like the result of an agreeable bargaining process intended to mutually benefit both parties involved.

Some scholars, such as Professor S.K.B. Asante, emphasize the indisputable reality that it is a "partnership of unequal partners," 3 while Professor Yash Tandon with tongue-in-cheek has described it as the "latest effort to "do something for Africa,'" 4 perhaps seeking to draw attention to Africa as a na<um i>ve and passive recipient of an initiative born of the magnanimity, or other ulterior interests, of the developed world.

In basic terms, NEPAD is an undertaking by African leaders to eradicate poverty and spur sustainable economic development by participating actively in the world economy. It is a "new framework of interaction with [the] rest of world," 5 and one that is ...
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