Foreign Investments’ Entry Requirements in South Sudan: Making the Case for Legal Reforms to Guarantee Environmental Protection

Abstract

Transferring both intangible and tangible assets for commercial use from the investor's country of residence, with the investor's home-based controlling profits and assets. These investment activities violate aspects of human rights like environmental protection and human health. South Sudan like other countries around the world has opened a foreign investment environment. The activities of foreign investment are regulated by the Investment Promotion Act, of 2009, and other relevant Laws-Petroleum Act of 2012, in the oil industry. The Investment Promotion Act of 2009 governs investments, however despite its existence, it says nothing about safeguarding the environment and public health from foreign industries' contamination. A few laws that refer to protecting the environment and human health from pollution are vague and do not include any corrective actions. Therefore, it is against this introduction that the research has analysed international bilateral and multilateral treaties and national regulatory legal frameworks in an attempt to seek legal reforms that would guarantee environmental safeguards in terms of admission of foreign direct investment. The research looks at the impacts caused by foreign Direct Investment on environment and health in South Sudan. These impacts are discussed in the context of soil, water and land pollution. The thesis investigates the control measures in terms of legislative measures and the policy framework. To achieve environmental protection and health safeguard against foreign investment impacts, reforms in the legal framework are necessary. These reforms cover the incorporation of provision that promotes the principle of polluter pays so that remedies for environmental pollution are guaranteed, and making environmental protection compliance a prerequisite for FDI.