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Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties: Nijhoff International Investment Law Series, cartea 25

Autor Abdallah Ali
en Limba Engleză Hardback – 16 ian 2024
How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
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Specificații

ISBN-13: 9789004692749
ISBN-10: 9004692746
Pagini: 210
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff International Investment Law Series


Notă biografică

Abdallah Abuelfutuh Ali, JSD (2022), McGeorge School of Law, is State Counsel at the Egyptian State Lawsuits Authority, Ministry of Justice. He also holds an LL.M from UC Davis School of Law and an LL.B from Beni-Suef University, Egypt. He has served as a Research Assistant at McGeorge School of Law and a Visiting Scholar at UC Davis School of Law.

Cuprins

Preface

Acknowledgments

List of Figures and Tables

Abbreviations

1Introduction
1.1 Background

1.2 Aims, and Objectives

1.3 Overview of Methodology


2Traditional Contractual Stabilization Clauses
2.1 Introduction

2.2 Definition of Stabilization Clauses

2.3 Origins of Stabilization Clauses
2.3.1Stabilization through Investment Contracts

2.3.2Stabilization through Domestic Laws

2.3.3Stabilization through iia s

2.3.4Stability through a Multi-tiered Approach


2.4 Justification and Purpose of Stabilization Clauses
2.4.1From the Perspective of a Foreign Investor

2.4.2From the Perspective of Foreign Project Financiers

2.4.3From the Host State’s Perspective


2.5 Types of Stabilization Clauses
2.5.1Traditional Stabilization Clauses

2.5.2Modern Stabilization Clauses

2.5.3Hybrid Stabilization Clauses


2.6 At What Point Are Stabilization Clauses Typically Included in State Contracts? (An Analysis Using Statistical Methods)

2.7 Validity and Legal Effect of Traditional Stabilization Clauses
2.7.1Validity and Legal Effect of Stabilization Clauses under Domestic Law

2.7.2Validity and Legal Effect of Stabilization Clauses under International Law


2.8 Stabilization Clauses in Empirical Work

2.9 Conclusion


3Renegotiation Clauses
3.1 Introduction

3.2 Definition of Renegotiation Clause

3.3 History and Background of Renegotiation

3.4 Types of Renegotiations
3.4.1Renegotiation Based on Situation

3.4.2Renegotiation Based on the Parties


3.5 Contract with and without Traditional Renegotiation Clause
3.5.1Contract without Traditional Renegotiation Clause

3.5.2Contract with Renegotiation Clause


3.6 The Significance of Renegotiation Clause in the State Contract
3.6.1Salvage the State Contract

3.6.2Changing Circumstances

3.6.3Filling Gaps

3.6.4Providing Flexibility for Differing Cultural Attitudes


3.7 Limitations and Constraints of Renegotiation Clauses

3.8 Recalibration and Recommendations

3.9 Conclusion


4Reconceptualizing the Legislative Stabilization Clause
4.1 Introduction

4.2 A New Taxonomy of Legislative Stabilization Clauses
4.2.1Aspirational lsc s

4.2.2Standard lsc s

4.2.3Contractual lsc s


4.3 Recalibration and Recommendations

4.4 Conclusion


5Legal Stability Guarantees in International Investment Agreements
5.1 Introduction

5.2 International Investment Agreements’ Stabilization Clauses (iia sc)

5.3 Legal Stability under Fair and Equitable Treatment Standard (fet)
5.3.1fet Standard Includes a Guarantee of Legal Stability (Pro-investor Approach)

5.3.2Rejectionist Approach of Linking the fet Clause and Legal Stability in the Strict Sense (Reasonableness Approach)


5.4 Recent Treaty Practice

5.5 Conclusion


6Summary and Final Conclusions

Table of Cases

Table of International Investment Agreements and Other International Instruments/Documents

Appendix

Bibliography

Index