國立虎尾科技大學 |

Stabilization clauses in international investment law = a sustainable development approach /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	Stabilization clauses in international investment law/ by Jola Gjuzi.
其他題名:	a sustainable development approach /
作者:	Gjuzi, Jola.
出版者:	Cham :Springer International Publishing : : 2018.,
面頁冊數:	l, 545 p. :ill., digital ; : 24 cm.;
Contained By:	Springer eBooks
標題:	Sustainable development - Law and legislation. -
電子資源:	https://doi.org/10.1007/978-3-319-97232-9
ISBN:	9783319972329

Stabilization clauses in international investment law = a sustainable development approach /
Gjuzi, Jola.

Stabilization clauses in international investment lawa sustainable development approach /[electronic resource] :by Jola Gjuzi. - Cham :Springer International Publishing :2018. - l, 545 p. :ill., digital ;24 cm.

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 - The Legal Status of Stabilization Clauses under National and International Law: The Traditional and Current Practice: 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 - Reconciling the Antinomy between the Stabilization Clause and the Host State's Regulatory Power in the Light of Sustainable Development: 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 -- Part IV - Summary and Conclusions: 9 Summary and Conclusions.

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.

ISBN: 9783319972329

Standard No.: 10.1007/978-3-319-97232-9doiSubjects--Topical Terms:

566336
Sustainable development
--Law and legislation.

LC Class. No.: K3478.S83 / G58 2018

Dewey Class. No.: 344.046

Stabilization clauses in international investment law = a sustainable development approach /
LDR:03601nam a2200325 a 4500 001 930533
003 DE-He213
005 20190510105308.0
006 m d
007 cr nn 008maaau
008 190627s2018 gw s 0 eng d
020 $a 9783319972329 $q (electronic bk.)
020 $a 9783319972312 $q (paper)
024 7 $a 10.1007/978-3-319-97232-9 $2 doi
035 $a 978-3-319-97232-9
040 $a GP $c GP
041 0 $a eng
050 4 $a K3478.S83 $b G58 2018
072 7 $a LBBM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LBBM $2 thema
082 0 4 $a 344.046 $2 23
090 $a K3478.S83 $b G539 2018
100 1 $a Gjuzi, Jola. $3 1211738
245 1 0 $a Stabilization clauses in international investment law $h [electronic resource] : $b a sustainable development approach / $c by Jola Gjuzi.
260 $a Cham : $c 2018. $b Springer International Publishing : $b Imprint: Springer,
300 $a l, 545 p. : $b ill., digital ; $c 24 cm.
505 0 $a 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 - The Legal Status of Stabilization Clauses under National and International Law: The Traditional and Current Practice: 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 - Reconciling the Antinomy between the Stabilization Clause and the Host State's Regulatory Power in the Light of Sustainable Development: 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 -- Part IV - Summary and Conclusions: 9 Summary and Conclusions.
520 $a 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.
650 0 $a Sustainable development $x Law and legislation. $3 566336
650 1 4 $a International Economic Law, Trade Law. $3 882440
650 2 4 $a Dispute Resolution, Mediation, Arbitration. $3 885561
650 2 4 $a Investments and Securities. $3 1104945
650 2 4 $a International Environmental Law. $3 883673
650 2 4 $a Corporate Social Responsibility. $3 1085768
650 2 4 $a Development and Sustainability. $3 1171843
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer eBooks
856 4 0 $u https://doi.org/10.1007/978-3-319-97232-9
950 $a Law and Criminology (Springer-41177)