The Integration Of Sustainable Development Into International Investment Law:Implications On Foreign Investment Law In The Mining Industry Of Ghana

The republic of Ghana has ratified treaties globally.They include,human rights treaties,international environmental treaties and others which support the idea that foreign investment should promote development that is sustainable.It is not certain whether the contemporary International Investment Law of the mining industry in Ghana been aligned with Sustainable Development that adheres to social and environmental safeguards,uncertainty also rises as to whether Sustainable Development deficits has been determined,even if sustainable deficits have been determined,it is not clear whether the alignment of International Investment Law with Sustainable Development likely in practice?Discovering these uncertainties will be essential to the future of foreign investments plans of Ghana,especially in the mining industry.Currently,there are little or no empirical studies on this subject.In the absence of empirical studies,it cannot be stated with certainty that the International Investment.It is the uncertainty surrounding the International Investment Law as a tool to promote sustainable development that has engendered this work.Thus the study sought to ascertain whether the concept of sustainable development should be integrated into international investment law,determine how the idea of sustainable development could be integrated into international investment law,and to examine the implications of integrating sustainable development into international investment Law on foreign investment laws in the Mining Industry of Ghana.It was found that,Investment treaties are playing an increasingly prominent role in shaping the home regulatory decisions of States in ways that were not predicted after they had been signed,particularly in growing nations like Ghana.The look for sustainable development has played a crucial role in the enlargement and growth of this investment treaty regime.Explanations as to the satisfactory way forward for a country to enhance its probabilities for sustainable development and the function of overseas investment therein were expressed in diverse languages,including in the form of classical monetary,dependency and middle path theories.The thesis argues that the state of Ghana' s responsibility to promote sustainable development in Ghana is very crucial under the constitution and preferred worldwide law as the powers of government must be exercised both to promote the welfare of the people and within constitutional limits.