Stabilization Clauses in International Investment Law
A Sustainable Development Approach
Authors: Gjuzi, Jola
Free Preview- 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
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- About this book
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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.
- Table of contents (9 chapters)
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The Stabilization Clause / Regulatory Power Antinomy and Sustainable Development: An Introduction
Pages 3-10
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Meaning, Evolution, Rationale, Sources and Typology of Stabilization Clauses
Pages 11-87
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The Implications of Stabilization Clauses on the Host State’s Regulatory Power: A Sustainable Development Perspective
Pages 89-182
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The Legal Status of Stabilization Clauses Under National Law
Pages 187-211
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The Legal Status of Stabilization Clauses Under International Law: The Traditional Debate Revisited
Pages 213-294
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Table of contents (9 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Stabilization Clauses in International Investment Law
- Book Subtitle
- A Sustainable Development Approach
- Authors
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- Jola Gjuzi
- Copyright
- 2018
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer Nature Switzerland AG
- eBook ISBN
- 978-3-319-97232-9
- DOI
- 10.1007/978-3-319-97232-9
- Hardcover ISBN
- 978-3-319-97231-2
- Edition Number
- 1
- Number of Pages
- L, 545
- Topics
