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Stabilization Clauses in International Investment Law A Sustainable Development Approach 1st Edition Jola Gjuzi

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SKU: EB-22475878
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Stabilization Clauses in International Investment Law A Sustainable Development Approach 1st Edition Jola Gjuzi Digital Instant Download

Author(s): Jola Gjuzi

ISBN(s): 9783319972329, 3319972324, 2018952650

Edition: 1

File Details: EPUB, 1.22 MB

Year: 2018

Language: English

SKU: EB-22475878 Category: Jurisprudence & Law - Foreign & International Law Tags: 3319972324, 9783319972329, International Investment Law, Jola Gjuzi, Stabilization Clauses

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ISBN-10 : 3319972324
ISBN-13 : 9783319972329
Author : Jola Gjuzi

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.

Table of contents:

Part I. Stabilization Clauses and Sustainable Development: Setting the Framework

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

2. Meaning, Evolution, Rationale, Sources and Typology of Stabilization Clauses

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

Part II

4. The Legal Status of Stabilization Clauses Under National Law

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

6. The Legal Status of Stabilization Clauses Under International Law: The Current Practice

Part III

7. The Role of a Sustainable Development Approach in Reconciling the Antinomy Between Stabilization Clauses and the Host State’s Regulatory Power

8. Reconceptualizing Stabilization Clauses in Light of a Constructive Sustainable Development Approach