EXAMINATION OF JUDICIAL POWER IN FOREIGN INVESTMENT DISPUTES IN TANZANIAN COURTS

This paper surveys the judicial role in adjudicating foreign investment disputes in Tanzania. It argues that while courts are constitutionally entrusted with the dispensation of justice, their effectiveness in balancing investor rights with public interest has remained questionable. The problem arises from the dominance of investor-centered legal frameworks, limited judicial autonomy, political interference, and lack of specialized expertise in investment law. The result is an uneven field where foreign investors are accorded robust protection, while public welfare such as environmental conservation, community rights, and national sovereignty receives weaker judicial attention. The paper recommends legal, institutional, and capacity reforms aimed at empowering Tanzanian courts to strike a fairer balance between private capital and the public good.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-11-02
DOI
https://doi.org/10.5281/zenodo.17505540
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

EXAMINATION OF JUDICIAL POWER IN FOREIGN INVESTMENT DISPUTES IN TANZANIAN COURTS

Zenodo (CERN European Organization for Nuclear Research)
International Arbitration and Investment Law
article

EXAMINATION OF JUDICIAL POWER IN FOREIGN INVESTMENT DISPUTES IN TANZANIAN COURTS

article en

Abstract

This paper surveys the judicial role in adjudicating foreign investment disputes in Tanzania. It argues that while courts are constitutionally entrusted with the dispensation of justice, their effectiveness in balancing investor rights with public interest has remained questionable. The problem arises from the dominance of investor-centered legal frameworks, limited judicial autonomy, political interference, and lack of specialized expertise in investment law. The result is an uneven field where foreign investors are accorded robust protection, while public welfare such as environmental conservation, community rights, and national sovereignty receives weaker judicial attention. The paper recommends legal, institutional, and capacity reforms aimed at empowering Tanzanian courts to strike a fairer balance between private capital and the public good.

Zenodo (CERN European Organization for Nuclear Research)
St. Augustine University of Tanzania (TZ)
Openalex Percentile: Top 34%
International Arbitration and Investment Law
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EXAMINATION OF JUDICIAL POWER IN FOREIGN INVESTMENT DISPUTES IN TANZANIAN COURTS · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS