Stabilization Clauses in International Investment Law
Title | Stabilization Clauses in International Investment Law PDF eBook |
Author | Jola Gjuzi |
Publisher | Springer |
Pages | 585 |
Release | 2018-12-05 |
Genre | Law |
ISBN | 3319972324 |
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
International Investment Law and Gender Equality
Title | International Investment Law and Gender Equality PDF eBook |
Author | Sangwani Patrick Ng’ambi |
Publisher | Routledge |
Pages | 160 |
Release | 2020-03-27 |
Genre | Law |
ISBN | 0429664540 |
This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.
Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties
Title | Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties PDF eBook |
Author | Abdallah Ali |
Publisher | BRILL |
Pages | 232 |
Release | 2024-02-12 |
Genre | Law |
ISBN | 9004692754 |
How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
Evolution in Investment Treaty Law and Arbitration
Title | Evolution in Investment Treaty Law and Arbitration PDF eBook |
Author | Chester Brown |
Publisher | Cambridge University Press |
Pages | 747 |
Release | 2011-11-17 |
Genre | Law |
ISBN | 1139503618 |
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
Stabilization Clauses in International Investment Law: Beyond Balancing and Fair and Equitable Treatment
Title | Stabilization Clauses in International Investment Law: Beyond Balancing and Fair and Equitable Treatment PDF eBook |
Author | Katja Gehne |
Publisher | |
Pages | |
Release | 2017 |
Genre | |
ISBN | 9783868298857 |
International Investment Law
Title | International Investment Law PDF eBook |
Author | Arnaud de Nanteuil |
Publisher | Edward Elgar Publishing |
Pages | 408 |
Release | 2020-02-28 |
Genre | Law |
ISBN | 1788975898 |
This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Resistance and Change in the International Law on Foreign Investment
Title | Resistance and Change in the International Law on Foreign Investment PDF eBook |
Author | M. Sornarajah |
Publisher | Cambridge University Press |
Pages | 473 |
Release | 2015-04-16 |
Genre | Business & Economics |
ISBN | 1107096626 |
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.