Resource Nationalism In International Investment Law

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Resource Nationalism in International Investment Law

Author : Sangwani Patrick Ng’ambi
Publisher : Routledge
ISBN 13 : 1317360133
Total Pages : 231 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Resource Nationalism in International Investment Law by : Sangwani Patrick Ng’ambi

Download or read book Resource Nationalism in International Investment Law written by Sangwani Patrick Ng’ambi and published by Routledge. This book was released on 2015-11-06 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.

International Investment Law and Gender Equality

Author : Sangwani Patrick Ng’ambi
Publisher : Routledge
ISBN 13 : 0429664540
Total Pages : 160 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis International Investment Law and Gender Equality by : Sangwani Patrick Ng’ambi

Download or read book International Investment Law and Gender Equality written by Sangwani Patrick Ng’ambi and published by Routledge. This book was released on 2020-03-27 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.

Resource Nationalism in International Investment Law

Author : Sangwani Patrick Ng’ambi
Publisher : Routledge
ISBN 13 : 1317360141
Total Pages : 188 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Resource Nationalism in International Investment Law by : Sangwani Patrick Ng’ambi

Download or read book Resource Nationalism in International Investment Law written by Sangwani Patrick Ng’ambi and published by Routledge. This book was released on 2015-11-06 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.

Understanding Investment Law in Zambia

Author : Sangwani Patrick Ng'ambi
Publisher :
ISBN 13 : 9781485120438
Total Pages : 168 pages
Book Rating : 4.1/5 (24 download)

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Book Synopsis Understanding Investment Law in Zambia by : Sangwani Patrick Ng'ambi

Download or read book Understanding Investment Law in Zambia written by Sangwani Patrick Ng'ambi and published by . This book was released on 2017 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment. A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction."--Back cover.

Resource Nationalism in Indonesia

Author : Eve Warburton
Publisher : Cornell University Press
ISBN 13 : 150177199X
Total Pages : 250 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Resource Nationalism in Indonesia by : Eve Warburton

Download or read book Resource Nationalism in Indonesia written by Eve Warburton and published by Cornell University Press. This book was released on 2023-11-15 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Resource Nationalism in Indonesia, Eve Warburton traces nationalist policy trajectories in Indonesia back to the preferences of big local business interests. Commodity booms often prompt more nationalist policy styles in resource-rich countries. Usually, this nationalist push weakens once a boom is over. But in Indonesia, a major global exporter of coal, palm oil, nickel, and other minerals, the intensity of nationalist policy interventions increased after the early twenty-first-century commodity boom came to an end. Equally puzzling, the state applied nationalist policies unevenly across the land and resource sectors. Resource Nationalism in Indonesia explains these trends by examining the economic and political benefits that accrue to domestic business actors when commodity prices soar. Warburton shows how the centrality of patronage to Indonesia's democratic political economy, and the growing importance of mining and palm oil as drivers of export earnings, enhanced both the instrumental and structural power of major domestic companies, giving them new influence over the direction of nationalist change.

International Energy Investment Law

Author : Mustafa Erkan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134115
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Energy Investment Law by : Mustafa Erkan

Download or read book International Energy Investment Law written by Mustafa Erkan and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector"--P. [4] of cover.

International Investment Law

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936386
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Investment Law by : Surya P Subedi

Download or read book International Investment Law written by Surya P Subedi and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: '...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.

Stabilization Clauses in International Investment Law

Author : Jola Gjuzi
Publisher : Springer
ISBN 13 : 3319972324
Total Pages : 545 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Stabilization Clauses in International Investment Law by : Jola Gjuzi

Download or read book Stabilization Clauses in International Investment Law written by Jola Gjuzi and published by Springer. This book was released on 2018-12-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Material Basis of Energy Transitions

Author : Alena Bleicher
Publisher : Academic Press
ISBN 13 : 0128235543
Total Pages : 258 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis The Material Basis of Energy Transitions by : Alena Bleicher

Download or read book The Material Basis of Energy Transitions written by Alena Bleicher and published by Academic Press. This book was released on 2020-08-05 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Material Basis of Energy Transitions explores the intersection between critical raw material provision and the energy system. Chapters draw on examples and case studies involving energy technologies (e.g., electric power, transport) and raw material provision (e.g., mining, recycling), and consider these in their regional and global contexts. The book critically discusses issues such as the notion of criticality in the context of a circular economy, approaches for estimating the need for raw materials, certification schemes for raw materials, the role of consumers, and the impact of renewable energy development on resource conflicts. Each chapter deals with a specific issue that characterizes the interdependency between critical raw materials and renewable energies by examining case studies from a particular conceptual perspective. The book is a resource for students and researchers from the social sciences, natural sciences, and engineering, as well as interdisciplinary scholars interested in the field of renewable energies, the circular economy, recycling, transport, and mining. The book is also of interest to policymakers in the fields of renewable energy, recycling, and mining, professionals from the energy and resource industries, as well as energy experts and consultants looking for an interdisciplinary assessment of critical materials. Provides a comprehensive overview of key issues related to the nexus between renewable energy and critical raw materials Explores interdisciplinary perspectives from the natural sciences, engineering, and social sciences Discusses critical strategies to address the nexus from a practitioner's perspective

International Arbitration in the Energy Sector

Author : Maxi Scherer
Publisher : Oxford University Press
ISBN 13 : 0192528548
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Arbitration in the Energy Sector by : Maxi Scherer

Download or read book International Arbitration in the Energy Sector written by Maxi Scherer and published by Oxford University Press. This book was released on 2018-02-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.

Yearbook on International Investment Law & Policy 2011-2012

Author : Karl P. Sauvant
Publisher :
ISBN 13 : 019998302X
Total Pages : 836 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Yearbook on International Investment Law & Policy 2011-2012 by : Karl P. Sauvant

Download or read book Yearbook on International Investment Law & Policy 2011-2012 written by Karl P. Sauvant and published by . This book was released on 2013-03-21 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). This edition also discusses regulatory and policy developments regarding FDIs in extractive industries.

Nationalization, Natural Resources and International Investment Law

Author : Junji Nakagawa
Publisher : Routledge
ISBN 13 : 1351619306
Total Pages : 266 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Nationalization, Natural Resources and International Investment Law by : Junji Nakagawa

Download or read book Nationalization, Natural Resources and International Investment Law written by Junji Nakagawa and published by Routledge. This book was released on 2017-07-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.

Teaching International Law

Author : Jean-Pierre Gauci
Publisher : Taylor & Francis
ISBN 13 : 1040032834
Total Pages : 425 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Teaching International Law by : Jean-Pierre Gauci

Download or read book Teaching International Law written by Jean-Pierre Gauci and published by Taylor & Francis. This book was released on 2024-06-26 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.

Public Actors in International Investment Law

Author : Catharine Titi
Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Actors in International Investment Law by : Catharine Titi

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

International Natural Resources Law, Investment and Sustainability

Author : Shawkat Alam
Publisher : Routledge
ISBN 13 : 131753588X
Total Pages : 765 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis International Natural Resources Law, Investment and Sustainability by : Shawkat Alam

Download or read book International Natural Resources Law, Investment and Sustainability written by Shawkat Alam and published by Routledge. This book was released on 2017-09-27 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

World Trade and Investment Law Reimagined

Author : Alvaro Santos
Publisher : Anthem Press
ISBN 13 : 1783089741
Total Pages : 422 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis World Trade and Investment Law Reimagined by : Alvaro Santos

Download or read book World Trade and Investment Law Reimagined written by Alvaro Santos and published by Anthem Press. This book was released on 2019-06-28 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

Stability and Legitimate Expectations in International Energy Investments

Author : Rahmi Kopar
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938400
Total Pages : 235 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Stability and Legitimate Expectations in International Energy Investments by : Rahmi Kopar

Download or read book Stability and Legitimate Expectations in International Energy Investments written by Rahmi Kopar and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.