Stabilization Clauses in International Investment Law: A…

Stabilization Clauses in International Investment Law: A Sustainable Development Approach
Publisher: Springer
Date: 2018-12-06
ISBN-10: 3319972316
ISBN-13: 9783319972312
Language: English
Pages: 545
Added: 2018-12-18 13:16:11

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.
Show more Show less 80a5e918b4731e4d5f7ae3cc04f2d7cb]https://uploadgig.com/file/download/6dac9a438f8ea8Cb/wjezt.Stabilization.Clauses.in.International.Investment.Law.rar Size: (5.00 MB) [/code]File name: wjezt.Stabilization.Clauses.in.International.Investment.Law.rar File size: 5.00 MB e02e32a23cc894f40ce213bebc9fdc18

http://nitroflare.com/view/9F2F10E706F4C22/wjezt.Stabilization.Clauses.in.International.Investment.Law.rar  Size: (5.01 MB)             

File name: wjezt.Stabilization.Clauses.in.International.Investment.Law.rar File size: 5.01 MB b325d3138e06a6a1f6db3b7ba3f8034e

https://rapidgator.net/file/b3630af7cd7f78c1f47c8a9d5a02411c/wjezt.Stabilization.Clauses.in.International.Investment.Law.rar  Size: (5.01 MB)             

File name: wjezt.Stabilization.Clauses.in.International.Investment.Law.rar File size: 5.01 MB e68cc52d001d31bd68501928c42c406ahttp://k2s.cc/file/e8f0b1c938c22/3319972316.7z