Navigating the Republic of South Sudan’s Investment Laws and Policies: Is there need for reform?

This chapter interrogates the investment laws and policies of the Republic of South Sudan; the youngest country in the world. This chapter represents the first comprehensive assessment of South Sudan’s investment legal terrain that includes the Investment Promotions Act, 2009, the Companies Act, 2012, and the Petroleum Act, 2012. We provide recommendations on sectoral development and the legal reform needed to improve the attractiveness of the country to foreign investment. We also provide an assessment of South Sudan’s international investment policies and make recommendations for modernising Bilateral Investment Treaties and reducing their exposure to investment claims, which currently stand at five, despite gaining independence in 2011. To create an enabling business environment, we recommend several reforms that include the enactment of a Public Private Partnership Law and an Arbitration Law, the creation of a formal arbitration centre, and the ratification of the New York Convention. A stable political environment is also important. We therefore recommend the implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan formed in 2020. This chapter is intended to inform the government of South Sudan, foreign investors, and the international community on the current state of South Sudan’s international investment laws and policies and the necessary reforms needed to transform the country into an investment-friendly destination and support the realisation of the United Nations Sustainable Development Goals as the 2030 deadline approaches. Keywords: South Sudan, East African Community, Bilateral Investment Treaty, InvestorState Dispute Settlement, Investment Law, South Sudan Investment Promotion Act 2009