The Investment Protocol of the African Continental Free Trade Area and the Right to Development: An Analysis of Opportunities and Challenges Ahead

Abstract This article examines the implementation of the right to development in the AfCFTA Investment Protocol using an inductive approach. The protocol prioritizes sustainable and inclusive development, offering a novel framework for regulating foreign investments that balances national and regional interests with social and environmental responsibility. Articles 28 and 35 highlight the dual right of host states to regulate investments for development and address developmental disparities. Additionally, Article 31 underscores investors’ obligations to uphold human rights, labor standards, and environmental protection. By providing preferential treatment for local communities and minorities and requiring investors to align with sustainable development goals, the protocol plays a crucial role in protecting marginalized groups. Within this framework, the African Court on Human and Peoples’ Rights exercises its supervisory role to ensure the realization of these rights, while future arbitration mechanisms emphasize transparency and accountability. The protocol redefines traditional principles of international investment law, offering a model for investment governance that harmonizes economic freedom with social justice and environmental sustainability.