A Critical Theory of International Investment Law: Re-Reading BIT Obligations Through a Development Justice Lens for Sub-Saharan Africa

This dissertation contributes an original critical theory of international investment law by re-reading bilateral investment treaty obligations through a development justice lens, using Sub-Saharan African state experiences, with particular attention to Nigeria, as its primary empirical ground. Mainstream international investment law scholarship has been criticised for prioritising investor interests over host state developmental objectives, perpetuating asymmetric power relations embedded in the colonial origins of diplomatic protection law. Drawing on Third World Approaches to International Law (TWAIL), development justice theory, and critical treaty analysis methodology, this research theorises a development justice framework that recalibrates investment treaty obligations to incorporate sustainable development, human rights, and host community interests as co-equal treaty values. It fills a critical gap in TWAIL scholarship by generating a systematic alternative doctrinal framework rather than limiting itself to critique of existing structures. The dissertation empirically tests this framework by re-analysing a dataset of ICSID and UNCITRAL awards involving Sub-Saharan African states, demonstrating how development justice-informed interpretation would alter outcomes in twenty landmark cases. Original contributions include the development justice interpretive framework, a restructured model BIT for African states, and an empirical database of African investment arbitration outcomes. Findings indicate that existing investment law significantly constrains African regulatory autonomy in ways inconsistent with development justice principles. Recommendations include adoption of the model BIT across the African Union and AfCFTA investment protocol integration. Keywords: investment law, TWAIL, development justice, BIT, Sub-Saharan Africa.