Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties
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Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties
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Author : Abdallah Ali
language : en
Publisher: BRILL
Release Date : 2024-02-12
Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties written by Abdallah Ali and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-12 with Law categories.
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.
Stabilization Clauses In International Investment Law
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Author : Jola Gjuzi
language : en
Publisher: Springer
Release Date : 2018-12-05
Stabilization Clauses In International Investment Law written by Jola Gjuzi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-05 with Law categories.
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.
Sustainable Development In World Investment Law
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Sustainable Development In World Investment Law written by Marie-Claire Cordonier Segger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Contractual Renegotiations And International Investment Arbitration
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Author : Aikaterini Florou
language : en
Publisher: BRILL
Release Date : 2020-03-02
Contractual Renegotiations And International Investment Arbitration written by Aikaterini Florou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-02 with Law categories.
In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Investment Contracts And Sustainable Development
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Author : Lorenzo Cotula
language : en
Publisher: IIED
Release Date : 2010
Investment Contracts And Sustainable Development written by Lorenzo Cotula and has been published by IIED this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Conservation of natural resources categories.
A Multifaceted Approach To Trade Liberalisation And Investment Protection In The Energy Sector
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Author : Elena Cima
language : en
Publisher: International Environmental La
Release Date : 2021
A Multifaceted Approach To Trade Liberalisation And Investment Protection In The Energy Sector written by Elena Cima and has been published by International Environmental La this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"This volume draws on a diverse range of international academic expertise and practical experience to enhance the reader's understanding of the shortcomings of existing international trade and investment law disciplines in their application to the multi-faceted nature of energy, and to explore possible avenues to bridge the gap between different areas of international law, with the ultimate goal of paving the way to a multi-faceted and comprehensive approach to the subject matter"--
The Three Laws Of International Investment
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Author : Jeswald W. Salacuse
language : en
Publisher: Oxford University Press
Release Date : 2013-02-14
The Three Laws Of International Investment written by Jeswald W. Salacuse and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Business & Economics categories.
There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.
The Taxation Of Petroleum And Minerals
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Author : Philip Daniel
language : en
Publisher: Routledge
Release Date : 2010-04-15
The Taxation Of Petroleum And Minerals written by Philip Daniel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-15 with Business & Economics categories.
Oil, gas, and mineral deposits are a substantial part of the wealth of many countries, not least in developing and emerging market economies. Harnessing some part of that wealth for fiscal purposes is critical for economic development. This book shows how the harnessing in few areas of economic life are the returns to good policy.
Resistance And Change In The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-16
Resistance And Change In The International Law On Foreign Investment written by M. Sornarajah and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-16 with Business & Economics categories.
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.