The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection.
Critics argue that the ECT, designed to protect foreign investments, contains vague provisions that allow multinational corporations to sue governments for lost profits due to policy changes.
African nations should not be expected to take the lead in addressing a climate emergency they did not create. The priority for Africa is to receive support and investment to build resilience and adapt to climate impacts.
These decisions have the potential to significantly impact companies with current and future mining and development licences where there are questions around environmentally sensitive areas.