Overcoming Chad’s Oil Curse: The African Union Convention on Preventing and Combating Corruption as a Framework for Securing Foreign Investments

Jennifer L. Akre, American University, Washington College of Law

Abstract

This comment addresses the issue of corruption in Africa, particularly with regard to Chad’s “partial expropriation” of foreign oil companies in the summer of 2006. It argues Chad violated principles of customary international law and key provisions of the African Union Convention on Preventing and Combating Corruption by unilaterally altering the regulatory scheme of the Chad-Cameroon Pipeline Project. The comment contends that such partial expropriations essentially amount to extortion, and therefore fall under the purview of regional anti-corruption agreements like the AU Corruption Convention. It will focus on the Convention as a possible solution for addressing scenarios like the one in Chad. It posits that the current legislative framework does not sufficiently address the level of corruption that occurs. This comment suggests that the international community has a greater role to play in combating and preventing corrupt business practices. Finally, it recommends that the language of the AU Corruption Convention needs to be strengthened and place a greater emphasis on enforcement.