Attracting investment in agriculture has been a key policy goal of governments in the global south. Development partners have supported these policies. But what do governments hope to achieve by attracting investment in the agricultural sector? Why are companies interested in investing? What is in it for local communities? And what is the role of lawyers? This primer provides an introduction to some of the key issues that arise in the negotiation of contracts linked to investments in agriculture, and practical guidance for how to approach common issues. Section 1 of this primer outlines the typical goals of three important stakeholders – the government, companies, and communities who live on or near land on which a project will take place – along with the risks that each type of stakeholder faces. Section 2 discusses the role of contracts and lawyers, provides tips for negotiations, and includes resources for further reading.
Lise Johnson & Lisa E. Sachs,
Inconsistency's Many Forms in Investor-State Dispute Settlement and Implications for Reform,
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/32