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Stabilization Clauses in International Investment Law

A Sustainable Development Approach

Authors: Gjuzi, Jola

  • 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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eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-319-97232-9
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-319-97231-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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.

Table of contents (9 chapters)

  • The Stabilization Clause / Regulatory Power Antinomy and Sustainable Development: An Introduction

    Gjuzi, Jola

    Pages 3-10

  • Meaning, Evolution, Rationale, Sources and Typology of Stabilization Clauses

    Gjuzi, Jola

    Pages 11-87

  • The Implications of Stabilization Clauses on the Host State’s Regulatory Power: A Sustainable Development Perspective

    Gjuzi, Jola

    Pages 89-182

  • The Legal Status of Stabilization Clauses Under National Law

    Gjuzi, Jola

    Pages 187-211

  • The Legal Status of Stabilization Clauses Under International Law: The Traditional Debate Revisited

    Gjuzi, Jola

    Pages 213-294

Buy this book

eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-319-97232-9
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-319-97231-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Stabilization Clauses in International Investment Law
Book Subtitle
A Sustainable Development Approach
Authors
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