CHALLENGES OF THE LEGAL PROTECTION OF FOREIGN INVESTMENT IN THE MINING SECTOR IN TANZANIA’S MAINLAND: A CASE STUDY OF LAKE ZONE

Winchislaus R.B Pastory

doi:10.55662/

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Winchislaus R.B Pastory 2nd Year LL.M Student, St. Augustine University of Tanzania, Mwanza, Tanzania Author

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DOI:

https://doi.org/10.55662/

Abstract

This paper examines the challenges of the legal protection of foreign investment in the Mining Sector in Tanzania Mainland with Lake Victoria Zone as a case study. To lay the foundation of protection, the Paper focuses on the legal challenges in implementing the legal framework governing the protection of foreign investment in the Mining sector regarding the country’s benefits and its methods in attracting foreign investors in Tanzania. Furthermore, this paper evaluates limitations arising from challenges and requisites in the whole process of investment and mining activities in Tanzanian laws including changes in the legal framework, unstable policies, political instability, fragmented institutions dealing with investment and mining in the country, and lastly to bring critical questions whether the legal framework protects and facilitates the attainment of benefits from investment in the mining sector in Tanzania. The legal framework governing investments and mining sectors in Tanzania is made of three segments of laws, namely; international investment law, national investment law, and investment agreements between states and investors, mostly referred to in this paper as state-investor agreements or investment contracts. The paper examines all these sources of laws with the principles laid of investment, and it recommends the conclusion of this discourse.

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