Legitimacy Crisis in Investment Arbitration: Colonialism, Neo-Colonialism, and Africa’s Role in the Reform-Work

Abstract This Article examines the legitimacy crisis in investment arbitration with a particular focus on Africa’s historical and contemporary experiences under the investor–state dispute settlement (ISDS) system. Tracing the colonial origins of international investment law, it argues that the structure and implementation of ISDS mechanisms have disproportionately disadvantaged African states. Through historical analysis, case law, and the reform agenda of UNCITRAL’s Working Group III, the Article highlights how Africa was both shaped by and now actively participates in shaping global investment law. While acknowledging colonial-era power asymmetries, the Article contends that the future lies in Africa’s strategic engagement with reform efforts. It concludes by proposing regionally grounded reforms and a shift in perspective that recognizes African states not as passive respondents, but as vital contributors to the evolution of investment arbitration.