Ghana: Ideal member to host proposed UNCITRAL Advisory Centre on International Investment Dispute Settlement

In 2017, the United Nations Commission on International Trade Law (UNCITRAL) tasked its Working Group with exploring reforms to the Investor-State Dispute Settlement (ISDS) system. 

In January 2024 in Vienna, the group reviewed a draft statute for an advisory centre and discussed updates to guidelines on preventing and mitigating investment disputes.

The 48th Session took place from April 1 to 5, 2024 at the United Nations Headquarters in New York.

Representatives from 47 member states, including Ghana, and 19 Observer States participated focusing on advancing ISDS reforms, procedural issues and the advisory centre’s establishment.

The writers of this article duly participated in the side event of the 48th Session of UNCITRAL Working Group III in New York in April 2024 and as Ghanaian nationals, bring a unique perspective to the discussion on investment dispute resolution and the potential for Ghana to serve as the host state for the Advisory Centre.

Ghana, a hub for international trade and investment, offers strong connectivity through air and seaports, linking it to key global destinations.

The country also has a free visa system for most African nations and visa-on-arrival for many advanced countries.

This accessibility would enable the Advisory Centre to efficiently serve a broad range of stakeholders.

Trade, investment hub

As host of the AfCFTA Secretariat, Ghana plays a key role in Africa’s economic integration and trade liberalisation. AfCFTA aims to create a single continental market for goods and services, increasing cross-border investments and potential disputes.

The Advisory Centre would support AfCFTA’s efforts by providing critical assistance in resolving investment disputes.

Ghana’s leadership in AfCFTA makes it a natural host for an institution dedicated to investment protection and dispute resolution, ensuring economic integration is backed by a fair system for handling disputes.

Commitment to international cooperation

As a member of major international organisations, including the United Nations and the World Trade Organisation (WTO), Ghana actively promotes inclusive global governance.

The Advisory Centre requires a neutral host to foster cooperation among countries of varying development levels.

Ghana’s reputation for engaging with diverse international actors makes it a credible bridge between the Global North and the Global South, ensuring the centre aligns with all member states’ interests.

Strong legal framework

Ghana has a well-established legal system rooted in common law, with growing expertise in international trade law and investment arbitration.

The country is committed to protecting investor rights and resolving disputes fairly, as shown by its membership in the International Centre for Settlement of Investment Disputes (ICSID) and signatory to other international investment treaties.

Political stability, neutrality

Ghana is known for its stable democracy, peaceful power transitions and strong governance institutions.

As a non-aligned member of the Non-Aligned Movement (NAM), Ghana upholds neutrality in global affairs.

This aligns with the Advisory Centre’s mandate to offer independent, unbiased assistance to states in investor-state disputes.

Ghana’s neutrality ensures the centre operates fairly, fostering trust among all member states whether developed or developing.

Building confidence

Hosting the Advisory Centre in Ghana would strengthen confidence in the system, especially among developing and least developed countries.

Many of these nations remain skeptical of international arbitration, fearing bias toward Western interests.

Ghana, as a neutral, non-aligned African state, provides a more balanced setting for dispute resolution.

This ensures that countries are not compelled to submit disputes to Western jurisdictions where concerns of unequal treatment persist.

With Ghana as the host, these nations would view the Advisory Centre as a fair and accessible platform for legal advice and support in investment disputes, in line with Article 7 of the Draft Statute for the Advisory Centre.

Compelling case  

The first Advisory Centre operationalisation meeting took place in Bangkok, Thailand (December 2–4, 2024), where key criteria for selecting the host country and regional hubs were discussed. Ghana stands as the ideal choice, meeting the fundamental selection criteria for the headquarters.

As a developing African country, Ghana promotes a more balanced global governance structure by ensuring better distribution of international organisations, aligning with the Sustainable Development Goals.

Its central location, strong infrastructure and commitment to neutrality and good governance will ensure that the Advisory Centre is easily accessible to member states, particularly developing and least-developed countries that would benefit most from its services.

Ghana’s political stability sets it apart from African competitors such as DR Congo and Côte d’Ivoire, which have also expressed interest in hosting the centre. Both countries have experienced political unrest in recent decades, whereas Ghana remains a beacon of democratic stability.

This makes Ghana the most reliable and practical choice.

Hosting the Advisory Centre would further strengthen Ghana’s leadership in global investment governance.

The country’s diplomatic expertise, honed through years of peacekeeping and conflict resolution, aligns with the centre’s mission of impartial dispute resolution.

Ghana’s role as host would ensure Africa’s interests are well-represented in international investment governance, reinforcing its position as a champion of equitable global trade and investment policies.

The writers are lawyers. 
E-mails: godselao555@gmail.com; ptabiri@gmail.com