Stabilization clauses in international investment law : a sustainable development approach /

Stabilization clauses in international investment law : a sustainable development approach /

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Bibliographic Details
Author / Creator:Gjuzi, Jola, author.
Imprint:Cham, Switzerland : Springer, [2018]
Description:1 online resource
Language:English
Subject:
Sustainable development -- Law and legislation.
Sustainable development -- Law and legislation.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12455818
Hidden Bibliographic Details
ISBN:3319972324
3319972316
9783319972312
9783319972329
Digital file characteristics:text file PDF
Notes:B. Regulatory Power for Public Welfare: A Concern of Host States
Includes bibliographical references.
Online resource; title from digital title page (viewed on January 30, 2019).
Summary: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.
Other form:Print version: Gjuzi, Jola. Stabilization Clauses in International Investment Law : A Sustainable Development Approach. Cham : Springer, ©2018 9783319972312
Standard no.:9783319972312
10.1007/978-3-319-97232-9
Table of Contents:
  • Intro; Preface; Table of Cases; International Investment Treaty and Contract Cases; Permanent Court of Arbitration; PCIJ and ICJ Cases; Permanent Court of International Justice (1922-1946); International Court of Justice; Reports of GATT and WTO Panels; Other Cases and Decisions; International and Regional; Domestic; Table of Treaties, International Instruments, National Legislation, and Investment Contracts; International Economic Agreements (BITs, FTAs); Model BITs and IIAs
  • Other Treaties, International Instruments, and Resolutions of the United Nations, Its Subsidiaries, and Other International Bo ... National Legislation, Foreign Investment Contracts, and Model Contracts; Albania; Azerbaijan; Bhutan; Bolivia; Botswana; Brazil; Central Africa; Chile; Colombia; Cyprus (Greek); Denmark; East Timor; Ecuador; Egypt; El Salvador; Eritrea; Ethiopia; France; Gabon; Georgia; Germany; Ghana; Greece; Guinea; India; Iran; Jamaica; Kazakhstan; Kurdistan Region; Liberia; Libya; Malawi; Mali; Mauritania; Mexico; Mozambique; Nigeria; Oman; Papua New Guinea; Peru; Portugal
  • QatarRussian Federation; Rwanda; Saudi Arabia; Serbia (Succeeding Yugoslavia); South Africa; Sudan; Syria; Switzerland; Tunisia; Turkey; Uganda; United Kingdom; United States of America; Venezuela; Yemen; Cross-Border Contracts and Related Documents; Contents; Table of Selected Abbreviations and Acronyms; Part I: Stabilization Clauses and Sustainable Development: Setting the Framework; Chapter 1: The Stabilization Clause / Regulatory Power Antinomy and Sustainable Development: An Introduction; References; Chapter 2: Meaning, Evolution, Rationale, Sources and Typology of Stabilization Clauses
  • A. Meaning of Stabilization ClausesB. Origin and Evolution of Stabilization Clauses; C. Rationale of Stabilization Clauses; I.A Risk-Mitigation Tool; II. A Foreign Investment-Encouragement Tool; D. Sources of Stabilization Clauses; E. Typology of Stabilization Clauses; I. Technique of Stabilization; 1. Traditional (Classical) Stabilization Clauses; a) Stabilization Clauses Stricto Sensu; i. Freezing Clauses / Incorporation Clauses; ii. Non-application and Inconsistency Clauses; b) Intangibility Clauses; 2. Current (Modern) Stabilization Clauses
  • A) Economic Equilibrium Clauses / Economic Balancing Clausesb) Allocation of Burden Clauses; II. Scope of Stabilization; 1. Subjects (Addresses); 2. State Conduct and State Measures; 3. Duration; 4. Areas of Law; 5. Effect of the Change-in-Law on the Foreign Investor; III. Hybrid Stabilization Clauses; IV. Disguised Stabilization Clauses; F. Key Features of Stabilization Clauses; G. Conclusion; References; Chapter 3: The Implications of Stabilization Clauses on the Host Stateś Regulatory Power: A Sustainable Development Perspecti ... ; A. Introduction

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