Protection of investments in the East African Community critical analysis of Burundi’s investment laws

This research examines the viability of legal protection of investment in East African Community with a focus on the Burundi. This study also looks at investment in Burundi and how it can be protected on basis of international norms the country is party to. The main objective of this study is to assess the practicability of the investment protection regime through an analysis of Bilateral Investment Treaties and case law. After a critical analysis of national laws and conventions; and in combination with the field research, this research found that Burundi’s legal regime to protect investments is theoretically progressive to some extent. But, it lacks practical guarantees for effective protection of investments. On one hand, it is because the national legal frameworks to protect investments are ineffective. On the other hand, the regional and international laws protecting foreign investments and to which Burundi is party are not implemented. The analysis of the case law on disputes between investors and the Republic of Burundi submitted for arbitration showed that protection of investors in Burundi will not be effective until the country enforces arbitration awards by the International Center for Settlement of Investment Disputes and decisions from regional courts. It is the recommendation of this study that all the laws touching this study’s subject matter be reformed and enforced. Moreover, this study also recommends the enhancement of the capacity of all institutions responsible in safeguarding legal protection to investment. The study recommends further that Burundi should enable investment related disputes to be submitted to any arbitration center.