International Investment Law and the Protection of Foreign Direct Investment in Nigeria’s Solid Minerals Sector

📖 ABSTRACT/OVERVIEW

This study examines the protection of foreign direct investment (FDI) in Nigeria's solid minerals sector under international investment law, focusing on bilateral investment treaties (BITs) to which Nigeria is a party and the legal standards applicable to investor-state disputes. Nigeria's solid minerals sector, with significant deposits spread across the North Central zone (particularly Plateau, Kogi, and Niger States), has remained comparatively underdeveloped despite its resource potential, partly due to legal uncertainty and governance challenges. Using a doctrinal research methodology, the paper reviews Nigeria's model BIT provisions on expropriation, fair and equitable treatment, and dispute resolution, and assesses their compatibility with emerging international investment law jurisprudence. It examines the experiences of foreign investors in the mining sector who have invoked dispute resolution clauses, drawing on recent International Centre for Settlement of Investment Disputes (ICSID) awards involving African states. The paper finds that Nigeria's investment legal framework contains significant gaps, including outdated statutory provisions, unclear licensing procedures, and weak enforcement of arbitral awards. These deficiencies reduce investor confidence and limit the sector's capacity to attract the scale of FDI necessary for sustainable development. Recommendations include the ratification of the revised Nigerian Investment Promotion Commission Act, comprehensive review of existing BIT commitments, and the establishment of a dedicated mining investment dispute resolution mechanism aligned with international standards. Keywords: investment law, BITs, ICSID, solid minerals, Nigeria.

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