Country Report The Gambia. The Gambia's Investment Law Regime

Table of Contents

A. Introduction

B. The Gambia - History

C. Legal Framework Background

D. Social, Political and Economic Context

I. Social Context

II. Political Context

III. Economic Context

E. Foreign Direct Investment

F. Investment Law Regime

I. Laws on Business Operation in The Gambia

II. Minimum Conditions for Investment

III. Promotion of Investment

IV. Protection of Investment

V. Expropriation and Compensation

VI. Dispute Settlement

G. International Agreements & Treaties

H. Positive and Negative Aspects

I. Conclusion

Research Objectives & Thematic Focus

This master's thesis provides a comprehensive country report on The Gambia, with a primary focus on analyzing its foreign direct investment (FDI) regime, the existing legal framework governing investments, and the potential for future economic growth and reform.

• Historical, cultural, and legal foundations of The Gambia.
• Evaluation of the current social, political, and economic landscape.
• Detailed analysis of the investment law regime and FDI attraction.
• Promotion, protection, expropriation, and dispute settlement mechanisms.
• Assessment of international agreements and recommendations for future improvement.

Excerpt from the Book

Summary of Chapters

A. Introduction: Outlines the significance of investment laws and the thesis's objective to report on The Gambia's historical, legal, and economic context regarding FDI.

B. The Gambia - History: Provides an overview of the nation's Geography, colonization, the transition to independence, and the political developments leading to the end of the Jammeh regime.

C. Legal Framework Background: Describes the tripartite legal system of The Gambia and the recent institutional changes regarding human rights and justice.

D. Social, Political and Economic Context: Analyzes demographic, social, and economic indicators, highlighting the needs and challenges the nation faces to modernize.

E. Foreign Direct Investment: Explores the conceptual framework of FDI and evaluates The Gambia's current standing, challenges, and potential for attracting international investors.

F. Investment Law Regime: Detailed examination of the legal provisions, promotional measures, protection of rights, and dispute resolution mechanisms within the country.

G. International Agreements & Treaties: Lists the bilateral and international investment agreements and emphasizes their role in attracting and securing foreign investment.

H. Positive and Negative Aspects: Critically evaluates the current investment climate, identifying structural weaknesses and providing suggestions for policy improvement.

I. Conclusion: Synthesizes findings and offers concluding remarks on the future of investment, sustainable development, and government policy in The Gambia.

Keywords

The Gambia, Foreign Direct Investment, FDI, Investment Law, Economic Development, National Development Plan, TRRC, Legal Framework, GIEPA, Expropriation, Dispute Settlement, Human Rights, Infrastructure, Economic Policy, Sustainable Development

Frequently Asked Questions

What is the core focus of this master’s thesis?

The thesis provides a detailed country report on The Gambia, primarily examining its legal and regulatory framework for foreign direct investment to help facilitate a transition toward a more competitive economy.

What are the central themes explored in the work?

The work covers the historical and legal background, the current socio-economic status, regulations on business operations, investment incentives, and the protection of foreign assets.

What is the primary goal of the research?

The main objective is to analyze how The Gambia can leverage its legal reforms and institutional transitions to attract more foreign investment and ensure sustainable national development.

Which methodology is applied in this research?

The author performs an extensive legal and policy analysis, relying on national acts, constitutional articles, and international reports to evaluate the Gambian investment climate.

What topics are discussed specifically in the main body?

The main body examines the history of the country, the Tripartite legal system, business registration processes, FDI dynamics, investment protection acts, and the role of the Truth, Reconciliation and Reparations Commission.

How would you characterize the primary keywords of this study?

The study is defined by terms representing governance, economic regulation, and investment, such as FDI, GIEPA, national development, and legal certainty.

How did the change in government in 2017 affect the investment regime?

The change marked a shift away from authoritative mismanagement and unlawful expropriation toward democratic reforms and greater transparency, as evidenced by the introduction of the National Development Plan.

How does the work explain the legal status of Expropriation?

The author explains that while the constitution protects against unlawful expropriation, past practices were often arbitrary, and the thesis argues for clear regulatory mandates to prevent future risks.