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Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties
Series: - Nijhoff International Investment Law Series, Volume: 25
Author:
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.
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.
Preface
Acknowledgments
List of Figures and Tables
Abbreviations
1 Introduction
1.1 Background
1. 2 Aims, and Objectives
1.3 Overview of Methodology
2 Traditional Contractual Stabilization Clauses
2. 1 Introduction
2.2 Definition of Stabilization Clauses
2.3 Origins of Stabilization Clauses
2.3.1 Stabilization through Investment Contracts
2.3.2 Stabilization through Domestic Laws
2.3.3 Stabilization through iia s
2.3.4 Stability through a Multi-tiered Approach
2.4 Justification and Purpose of Stabilization Clauses
2.4.1 From the Perspective of a Foreign Investor
2.4.2 From the Perspective of Foreign Project Financiers
2.4.3 From the Host State’s Perspective
2.5 Types of Stabilization Clauses
2.5.1 Traditional Stabilization Clauses
2.5.2 Modern Stabilization Clauses
2.5.3 Hybrid 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
2.7.1 Validity and Legal Effect of Stabilization Clauses under Domestic Law
2.7.2 Validity and Legal Effect of Stabilization Clauses under International Law
2.8 Stabilization Clauses in Empirical Work
2.9 Conclusion
3 Renegotiation Clauses
3. 1 Introduction
3. 2 Definition of Renegotiation Clause
3.3 History and Background of Renegotiation
3. 4 Types of Renegotiations
3.4.1 Renegotiation Based on Situation
3.4.2 Renegotiation Based on the Parties
3.5 Contract with and without Traditional Renegotiation Clause
3.5.1 Contract without Traditional Renegotiation Clause
3.5.2 Contract with Renegotiation Clause
3.6 The Significance of Renegotiation Clause in the State Contract
3.6.1 Salvage the State Contract
3.6.2 Changing Circumstances
3.6.3 Filling Gaps
3.6.4 Providing Flexibility for Differing Cultural Attitudes
3.7 Limitations and Constraints of Renegotiation Clauses
3.8 Recalibration and Recommendations
3.9 Conclusion
4 Reconceptualizing the Legislative Stabilization Clause
4. 1 Introduction
4.2 A New Taxonomy of Legislative Stabilization Clauses
4.2.1 Aspirational lsc s
4.2.2 Standard lsc s
4.2.3 Contractual lsc s
4.3 Recalibration and Recommendations
4.4 Conclusion
5 Legal 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)
5.3.2 Rejectionist Approach of Linking the fet Clause and Legal Stability in the Strict Sense (Reasonableness Approach)
5.4 Recent Treaty Practice
5.5 Conclusion
6 Summary and Final Conclusions
Table of Cases
Table of International Investment Agreements and Other International Instruments/Documents
Appendix
Bibliography
Index
Acknowledgments
List of Figures and Tables
Abbreviations
1 Introduction
1.1 Background
1
1.3 Overview of Methodology
2 Traditional Contractual Stabilization Clauses
2
2.2 Definition of Stabilization Clauses
2.3 Origins of Stabilization Clauses
2.3.1 Stabilization through Investment Contracts
2.3.2 Stabilization through Domestic Laws
2.3.3 Stabilization through
2.3.4 Stability through a Multi-tiered Approach
2.4 Justification and Purpose of Stabilization Clauses
2.4.1 From the Perspective of a Foreign Investor
2.4.2 From the Perspective of Foreign Project Financiers
2.4.3 From the Host State’s Perspective
2.5 Types of Stabilization Clauses
2.5.1 Traditional Stabilization Clauses
2.5.2 Modern Stabilization Clauses
2.5.3 Hybrid Stabilization Clauses
2
2
2.7.1 Validity and Legal Effect of Stabilization Clauses under Domestic Law
2.7.2 Validity and Legal Effect of Stabilization Clauses under International Law
2.8 Stabilization Clauses in Empirical Work
2.9 Conclusion
3 Renegotiation Clauses
3
3
3.3 History and Background of Renegotiation
3
3.4.1 Renegotiation Based on Situation
3.4.2 Renegotiation Based on the Parties
3.5 Contract with and without Traditional Renegotiation Clause
3.5.1 Contract without Traditional Renegotiation Clause
3.5.2 Contract with Renegotiation Clause
3.6 The Significance of Renegotiation Clause in the State Contract
3.6.1 Salvage the State Contract
3.6.2 Changing Circumstances
3.6.3 Filling Gaps
3.6.4 Providing Flexibility for Differing Cultural Attitudes
3.7 Limitations and Constraints of Renegotiation Clauses
3.8 Recalibration and Recommendations
3.9 Conclusion
4 Reconceptualizing the Legislative Stabilization Clause
4
4.2 A New Taxonomy of Legislative Stabilization Clauses
4.2.1 Aspirational
4.2.2 Standard
4.2.3 Contractual
4.3 Recalibration and Recommendations
4.4 Conclusion
5 Legal Stability Guarantees in International Investment Agreements
5.1 Introduction
5
5.3 Legal Stability under Fair and Equitable Treatment Standard (
5.3.1
5.3.2 Rejectionist Approach of Linking the
5.4 Recent Treaty Practice
5.5 Conclusion
6 Summary and Final Conclusions
Table of Cases
Table of International Investment Agreements and Other International Instruments/Documents
Appendix
Bibliography
Index
Legal Professionals, including lawyers, legal advisors, and legal scholars who specialize in international law, contract law, and investment law.