By Makiza Micheline Latifa
The Ministry of Foreign Affairs has held a three-day coordination meeting for the Working Group III session on Investor-State Dispute Settlement (ISDS) under the United Nations Commission on International Trade Law (UNCITRAL). Organized in collaboration with UNCITRAL, the Commonwealth Secretariat (COMSEC), the Organisation Internationale de la Francophonie (OIF), and the African Continental Free Trade Area (AfCFTA) Secretariat, the event convened key international stakeholders to discuss ISDS reforms and cooperation.
Held from March 17 to 19, 2025, at the African Continental Free Trade Area Secretariat in Accra, the meeting fostered dialogue on enhancing ISDS mechanisms globally.
Promoting Fair and Balanced Dispute Resolution
Speaking at the opening ceremony, Ghana’s Ambassador to the Republic of Austria and Permanent Representative to the UN Agencies in Vienna, Matilda Aku Alomatu Osei Agyeman, underscored the significance of the meeting in advancing fair, balanced, and efficient dispute resolution among African nations. She emphasized the need for strengthened cooperation and reforms in investor-state dispute settlement (ISDS) to promote equitable trade and investment frameworks across the continent.
Delivering a goodwill message on behalf of the Secretary-General of the African Continental Free Trade Area (AfCFTA), Wamkele Mene, Roselyn Ng’eno highlighted the importance of regional and international collaboration in shaping a more effective and equitable dispute resolution framework that ensures a fair and sustainable investment environment in Africa.
Meanwhile, the Chief Director of the Ministry of Foreign Affairs, Ambassador Ramses Joseph Cleland, speaking on behalf of Minister of Foreign Affairs and Regional Integration, Samuel Okudzeto Ablakwa, stressed that the meeting reaffirms Africa’s commitment to safeguarding its interests in international investment law and dispute resolution.
He noted that, Ghana has long been an active and committed participant in the United Nations Commission on International Trade Law (UNCITRAL), advocating for a fair, balanced, and transparent international investment dispute settlement system that aligns with Africa’s economic development aspirations.
“Our engagement in Working Group III over the past years reflects our strong dedication to ensuring that ISDS reforms adequately address the concerns of developing and least-developed countries, particularly in Africa” he said.
He further emphasized the crucial role of the meeting in helping African countries consolidate their positions and align the UNCITRAL reform process with the AfCFTA Protocol on Investment, thereby fostering a more predictable and equitable investment environment.
Ghana’s pursuit to host Advisory Centre on International investment law
His speech on behalf of the Minister further revealed that, Ghana is actively pursuing the opportunity to host the Advisory Centre on International Investment Law.
“We firmly believe that hosting this Centre in Accra would create seamless synergies between the AfCFTA Secretariat and provide African countries with a crucial institutional mechanism to enhance legal and technical expertise in handling ISDS cases” he affirmed.
According to him, hosting the Advisory Centre will bring multiple benefits, including strengthening the capacity of African states to navigate complex international disputes, reducing costly arbitration expenses and ensuring fairer outcomes for African governments, enhancing Africa’s legal and institutional framework to manage foreign investments effectively and reinforcing Ghana’s reputation as a hub for international trade and investment dispute resolution.
Understanding the ISDS process
At its core, Investor-State Dispute Settlement (ISDS) allows investors to initiate legal proceedings against foreign governments in the International Centre for Settlement of Investment Disputes (ICSID) if their investments face unjust treatment or expropriation.
Rooted in complex principles and embedded in numerous international treaties, ISDS serves as a legal bridge between international law and investment, offering a structured platform for dispute resolution.
The three-day event sought to unify efforts toward a cohesive ISDS reform strategy, ensuring the effective protection and promotion of Africa’s interests in international economic engagements.