Overview
- Explores in detail the currently debated tension between the regulatory stability and regulatory flexibility of host states on the one hand, and to sustainable development on the other
- Provides a meticulous review and analysis of stabilization clauses and sustainable development
- Fills a gap in the current literature on the implications of stabilization clauses on sustainable development
- Proposes a highly tenable conceptual and normative solution for reconciling the negative effects of such clauses on the host state’s power to regulate for sustainable development
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (9 chapters)
-
Front Matter
-
Stabilization Clauses and Sustainable Development: Setting the Framework
-
Front Matter
-
-
Summary and Conclusions
-
Front Matter
-
-
Back Matter
Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Stabilization Clauses in International Investment Law
Book Subtitle: A Sustainable Development Approach
Authors: Jola Gjuzi
DOI: https://doi.org/10.1007/978-3-319-97232-9
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2018
Hardcover ISBN: 978-3-319-97231-2Published: 15 December 2018
eBook ISBN: 978-3-319-97232-9Published: 05 December 2018
Edition Number: 1
Number of Pages: L, 545
Topics: International Economic Law, Trade Law, Dispute Resolution, Mediation, Arbitration, Investments and Securities, International Environmental Law, Corporate Social Responsibility, Development and Sustainability