Balancing the need for investment and environmental protection : a case study of The Gambia

Abstract

Investment is globally considered as an expeditious and sustainable method of assuring economic growth and development. The case is no different for The Gambia who has constantly made it its priority to boost its economy and improve the standard of living of its citizens. However, recent economic downturns and global economic instabilities all indicate that The Gambia could be in need of more investment inflows, if her economy is to remain afloat. One idea that has constantly challenged the validity of investment is the sacrifice the environment is made to bear for its increase. Since 2016, this conflict has been exacerbated by the numerous environmental violations committed by investors and their investments in the country. There has been a collective outcry from the communities affected by these violations and The Gambian government seems to find some difficulty in attending to the complaints of these communities as well as pursuing its desire to increase investment inflows. This research therefore aims to discuss the need to balance investment and environmental protection. To achieve this, it specifically focuses on The Gambia’s investment and environmental regimes and examines the ways by which the government can address this conflict. The paper commences by looking into the evolution of both fields and picks out the global attempts that have been made to reconcile the two. It then analyzes the domestic and regional environmental protection regime of The Gambia and assesses its effectiveness in dealing with environmental violations committed by investors. The research further digs into the investment agreements signed by The Gambia and examines whether and how they address environmental and sustainable development considerations. In doing this, it also provides a general overview on how regional and international tribunals view environmental provisions particularly with respect to investment agreements. Finally, this research concludes by proposing recommendations on how The Gambian Government can better balance the two fields as opposed to being placed in a position of choosing one or the other.