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.

Investment Treaty Arbitration and International Law - Volume 7

Author : Ian A. Laird
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518418
Total Pages : 428 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Investment Treaty Arbitration and International Law - Volume 7 by : Ian A. Laird

Download or read book Investment Treaty Arbitration and International Law - Volume 7 written by Ian A. Laird and published by Juris Publishing, Inc.. This book was released on 2014-05-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

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.

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

The Dimensions of Resource Nationalism

Author : Justin Dargin
Publisher : World Scientific Publishing Company Incorporated
ISBN 13 : 9789814374804
Total Pages : 300 pages
Book Rating : 4.3/5 (748 download)

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Book Synopsis The Dimensions of Resource Nationalism by : Justin Dargin

Download or read book The Dimensions of Resource Nationalism written by Justin Dargin and published by World Scientific Publishing Company Incorporated. This book was released on 2012-06 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illustrates the historical trajectory of resource nationalism, spanning from its articulation as a legal system to extract resources in the Americas by imperial Spain to an anti-colonial platform developed to increase state control over the energy sector. In a fresh review of this contentious topic, Oil Fire provides a broad introduction to resource nationalism and considers whether the ideology has actually contributed to the economic growth and national development of energy-rich developing countries. Oil Fire is a timely piece that can be used as an advanced textbook for graduate students in international affairs, as well as for energy practitioners who want to expand their knowledge of this topic. General readers will also find the text relevant and applicable to an everyday understanding of the drivers of politics in energy-rich developing countries.

Performance Requirement Prohibitions in International Investment Law

Author : Alexandre Genest
Publisher : BRILL
ISBN 13 : 9004392106
Total Pages : 288 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Performance Requirement Prohibitions in International Investment Law by : Alexandre Genest

Download or read book Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.

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.

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.

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.

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.

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.

Natural Resources Grabbing: An International Law Perspective

Author : Francesca Romanin Jacur
Publisher : BRILL
ISBN 13 : 9004305661
Total Pages : 482 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Natural Resources Grabbing: An International Law Perspective by : Francesca Romanin Jacur

Download or read book Natural Resources Grabbing: An International Law Perspective written by Francesca Romanin Jacur and published by BRILL. This book was released on 2015-10-22 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural Resources Grabbing: An International Law Perspective aims at filling a gap in legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

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.