EXAMINATION OF JUDICIAL POWER IN FOREIGN INVESTMENT DISPUTES IN TANZANIAN COURTS
This paper surveys the judicial role in adjudicating foreign investment disputes in Tanzania. It argues that while courts are constitutionally entrusted with the dispensation of justice, their effectiveness in balancing investor rights with public interest has remained questionable. The problem arises from the dominance of investor-centered legal frameworks, limited judicial autonomy, political interference, and lack of specialized expertise in investment law. The result is an uneven field where foreign investors are accorded robust protection, while public welfare such as environmental conservation, community rights, and national sovereignty receives weaker judicial attention. The paper recommends legal, institutional, and capacity reforms aimed at empowering Tanzanian courts to strike a fairer balance between private capital and the public good.
Keywords: Judicial Power, Foreign Investment, Public Interest, Investor Rights, Tanzania
