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Stabilization Clauses in International Investment Law

2018-12-05 Law
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Release : 2018-12-05
Genre : Law
Kind : eBook
Book Rating : 324/5 ( reviews)

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Book Synopsis Stabilization Clauses in International Investment Law by : Jola Gjuzi

Download or read book Stabilization Clauses in International Investment Law written by Jola Gjuzi. This book was released on 2018-12-05. Available in PDF, EPUB and Kindle. Book excerpt: 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

2020-03-27 Law
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Release : 2020-03-27
Genre : Law
Kind : eBook
Book Rating : 540/5 ( reviews)

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Book Synopsis International Investment Law and Gender Equality by : Sangwani Patrick Ng’ambi

Download or read book International Investment Law and Gender Equality written by Sangwani Patrick Ng’ambi. This book was released on 2020-03-27. Available in PDF, EPUB and Kindle. Book excerpt: 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

2024-02-12 Law
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Release : 2024-02-12
Genre : Law
Kind : eBook
Book Rating : 754/5 ( reviews)

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Book Synopsis Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties by : Abdallah Ali

Download or read book Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties written by Abdallah Ali. This book was released on 2024-02-12. Available in PDF, EPUB and Kindle. Book excerpt: 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

2011-11-17 Law
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Release : 2011-11-17
Genre : Law
Kind : eBook
Book Rating : 618/5 ( reviews)

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Book Synopsis Evolution in Investment Treaty Law and Arbitration by : Chester Brown

Download or read book Evolution in Investment Treaty Law and Arbitration written by Chester Brown. This book was released on 2011-11-17. Available in PDF, EPUB and Kindle. Book excerpt: 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

2017
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Release : 2017
Genre :
Kind : eBook
Book Rating : 857/5 ( reviews)

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Book Synopsis Stabilization Clauses in International Investment Law: Beyond Balancing and Fair and Equitable Treatment by : Katja Gehne

Download or read book Stabilization Clauses in International Investment Law: Beyond Balancing and Fair and Equitable Treatment written by Katja Gehne. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt:

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