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Professor Francis Botchway

Ghana (1992)

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Professor Francis Botchway
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Professor Botchway is the Sir William Blair Chair in Alternative Dispute Resolution at Qatar University, having been appointed to the position in recognition of his work as a preeminent academic in the field of International Economic Law and Dispute Resolution.  

He has published widely on international investment and economic law, environmental law, natural resource law and arbitration.  He is the Editor-in-Chief of the Global Journal of Comparative Law. 

Professor Botchway holds four law degrees from four of the leading universities in the world including Harvard, Dalhousie, Manchester and Ghana. He has served as consultant to some of the leading international law firms (including Ince & Co, Jones Day and Crowell & Moring).

Professor Botchway sits as an arbitrator on international commercial disputes and is listed on the ICSID roll of arbitrators, as well as the Beijing Arbitration Commission (BAC/BIAC).

Expertise

His areas of expertise are:

  • International Arbitration
  • Commercial Dispute Resolution
  • Investment Treaty Law
  • Energy Law
  • Mining and Environmental Law
  • Agricultural Law

Education

  • LLB, University of Ghana Law School
  • LLM, Dalhousie Law School
  • LLM, Harvard Law School
  • Doctor of Philosophy, University of Manchester

Membership and Appointments

  • Lecturer in Administrative Law at the Ghana Institute of Management and Public Administration (1993)
  • Researcher at International Education Centre, St Mary’s University, Canada (1995-1996)
  • Consultant at Conservation International, Washington DC (1996-1997)
  • Visiting Assistant Professor, University of Puerto Rico Law School (1997, 2000)
  • Part-time Lecturer on Tort and Jurisprudence, University of Manchester (1999-2000)
  • Assistant Professor; Adjunct Professor, University of Warwick Law School (2000-2008)
  • Adjunct Professor, Leuven University (2005-2010)
  • Reader in Law, University of Hull Law School (2006-2010)
  • Adjunct Professor, KNUST (2009-2015)
  • Associate Dean (Research & Graduate Studies) at Qatar University (2011-2016)
  • Sir William Blair Chair in Alternative Dispute Resolution, Qatar University (2016-present)
  • Head of Contracts & Compliance at Research Office of Qatar University (2018-2021)

Publications

Books

  • Environmental Law in Ghana (Kluwer Monograph Series, The Netherlands. 2004).
  • Documents in International Economic Law (Routledge, UK. 2006).
  • Natural Resource Investment and Africa’s Development (edited) (Edward Elgar, UK. 2011).
  • Defences in International Investment Law (Routledge, UK, 2023).

Book Chapters

  • Historical Perspectives in International Economic Law (in Perspectives in International Economic Law, A. Qureshi eds, Kluwer, 2002) pp 309-326.
  • Environmental Law in Post-colonial Societies: Aspirations, Achievements and Limitations - with Richardson & Mgbeoji - (in Environmental Law for Sustainability, Richardson and Wood eds, Hart Publishing, Oxford, 2006) pp 413-443.
  • Introduction to Natural Resource Investment and Africa’s Development (Edward Elgar, 2011) pp.1-12.
  • Regime Theory and China – Africa Economic Relations (in Natural Resource Investment and Africa’s Development, Edward Elgar, 2011) pp. 368-394.
  • African National Courts and International Arbitral Tribunals: The Quest for Harmony. (Wildy, Simmons and Hill Publishers, UK, 2016).
  • Whither International Investment Law in Africa? (Yenkong Hodu et al, eds, Manchester University Press, 2020).
  • Dispute Resolution in Oil and Gas Industry (Eduardo Pereira, eds, Edward Elgar, forthcoming, 2022).

Articles

  • Intestate Succession Law: Issues Arising (The Counsel, 1992).
  • Forests Reserves Under the Law (Ghana Law School Journal, 1993).
  • Pre-colonial Methods of Gold Mining and Environmental Protection (Journal of Energy and Natural Resources Law 1995).
  • Shareholding in Mining Companies in Ghana (Journal of Energy and Natural Resources Law, 1997).
  • The President, His Vice and the Constitution of Ghana (East African Journal of Peace and Human Rights, 1998) pp 90-101.
  • Land Ownership and Responsibility for the Mining Environment (Natural Resources Journal, 1998) pp 509-536.
  • The Gabcikovo-Nagyimaros case and Trans-boundary Resource Exploitation (European Environmental Law Review 1999).
  • The Role of the State in the Context of Good Governance and Electricity Management: Comparative Antecedents and Current Trends (Univ. of Pennsylvania Journal of International Economic Law, 2000) pp781-832.
  • The State, Governance and Energy Regulation in Ghana (Law and Politics in Asia, Africa and Latin America, Germany, 2000) pp 176-211.
  • Contemporary Energy Regime in Europe (European Law Review, 2001) pp3-19.
  • International Trade Regime and Energy Trade (Syracuse Journal of Int. Trade and Commerce, 2001) pp1-18.
  • International Adjudicatory Process and Trans-boundary Resource Disputes (Australian International Law Journal 2001) pp 143-158.
  • Good Governance: The Old, the New, the Principle and the Elements (Florida Journal of International Law, 2001) pp.159-211.
  • The Context of Trans-boundary Resource Exploitation: The Environment, the State and the Methods (Colorado Journal of International Environmental Law and Policy, 2003) pp 191-240.
  • Privatisation and State Control - The Case of the Ashanti Goldfields Company (Journal of Energy and Nat. Res. Law, 2004) pp 201-217.
  • Privy to Unsustainable Arguments in the Belize Dam Case (Environmental Law Review, 2006) pp 144-151.
  • Is The IMF Conditionality Anachronistic? (Law and Financial Markets Review, Hart Publishing, 2009) pp.361-379.
  • Can The Law Compel Business Parties to Negotiate? (3 Journal of World Energy Law and Business, Oxford Univ. Press, 2010).
  • Mergers and Acquisitions in the Natural Resource Industry. (26 Connecticut Journal of International Law, 2011).
  • Not Ready for Change? The English Courts and Pre-contractual Negotiations (with K.A. Choong – The International Lawyer, vol. 45, 2011) pp.625-645.
  • Forums for International Economic Adjudication: Threads in Fragments (Cardozo Journal of International and Comparative Law, Summer, 2012) pp. 639-712.
  • Diminishing Acts of the State. Or Is It? (13 Journal of World Investment & Trade, Brill Publishers, The Netherlands, 2012) pp. 687-717.
  • The Immunity Conundrum (African Journal of International and Comparative Law, Edinburgh University Press, UK, 2014).
  • The Constitutional Regime for Natural Resource Governance in Africa: The Difficult March Towards Accountability – with Nightingale Rukuba-Ngaiza (6 World Bank Legal Review, USA. 2015).
  • Animal Welfare in Qatar: Law and Philosophy ( 46 (2) Environmental Policy and Law, The Netherlands, 2016) (with Dabia Maslamani).
  • New Arbitration Law in Qatar: Issues Arising (13 Int. Arbitration Law Rev., 2017).
  • Trans-systemic Models of Dispute Resolution and Economic Development: The Case of Qatar, vol. 19 Asian Business Lawyer (2017).
  • A Decade of Development: The Civil & Commercial Court of the Qatar Financial Center (with Andrew Dahdal (34 Arab Law Quarterly, 2019).
  • Consent to Arbitration: African State Practice (34 ICSID Review, Oxford University Press, 2020).

Conference Presentations and Lectures

  • China-Africa Economic Relations (College of Europe – Brugge- Conference on China, Europe, and Africa, Feb., 2010).
  • Exclusionary Rule (Pre-contract Negotiations) and Its Future – (NEROG Conference, Hull, July, 2010).
  • ‘Diminishing Acts of the State’ (Society of Legal Scholars Conference, Cambridge, September, 2011)
  • Comparative Strengths of State Immunity and Act of State as Defence in International Investment Law (African Society of International Law Conference, Brazzaville, 2012).
  • Extractive Industries and Revenue Stream in Africa (World Bank, Washington DC 2013).
  • Indeterminacy in Trans-boundary Resource Dispute Resolution (Paper Presented to Chinese and Korean ocean policy makers and academics, Zhejiang University, China, Aug. 2013).
  • Energy Dispute Resolution – National vrs International Tribunals, Atlanta, 2014)
  • Institutions and Poverty (World Bank, Washington, 2014)
  • Resource Governance Framework and Its contribution to the Development of Qatar, World Bank (Law Justice and development) Conference, 2015.
  • Crime and Economic Development in the GCC (World Bank Law, Justice and Development conference, Washington, DC, 2016).
  • Models of Dispute Resolution and Economic Development (African Society of International Law Annual Conference, Accra, 2016).
  • Arbitrating Natural Resource Disputes: Current and Future Trends (Conference on the Future of ADR, Qatar University, May 2017).
  • The Qatar International Court & Dispute Resource Center: An Emerging Construct in Trans-systemic Jurisprudence (Conference on New Lex Mercatoria, Singapore, May 2017).
  • The Future of ADR in the Gulf Region (Fukuoka, Japan, 2018).
  • Reform of Investor – State Arbitration (Arusha, Tanzania, 2018).
  • BITS and China-Africa Relations (China-Africa Law Forum, Beijing, China, 2019).
  • Old Energy in the Post-Fossil World (Pavia University, Italy, 2021)

 

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