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Resource Nationalism in International Investment Law

Resource Nationalism in International Investment Law
Author: Sangwani Patrick Ng’ambi
Publisher: Routledge
Total Pages: 231
Release: 2015-11-06
Genre: Law
ISBN: 1317360133

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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

International Investment Law and Gender Equality
Author: Sangwani Patrick Ng’ambi
Publisher: Routledge
Total Pages: 160
Release: 2020-03-27
Genre: Law
ISBN: 0429664540

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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

Resource Nationalism in International Investment Law
Author: Sangwani Patrick Ng’ambi
Publisher: Routledge
Total Pages: 188
Release: 2015-11-06
Genre: Law
ISBN: 1317360141

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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

Understanding Investment Law in Zambia
Author: Sangwani Patrick Ng'ambi
Publisher:
Total Pages: 168
Release: 2017
Genre: Government ownership
ISBN: 9781485120438

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"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

Resource Nationalism in Indonesia
Author: Eve Warburton
Publisher: Cornell University Press
Total Pages: 250
Release: 2023-11-15
Genre: Business & Economics
ISBN: 150177199X

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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.


Investment Treaty Arbitration and International Law - Volume 7

Investment Treaty Arbitration and International Law - Volume 7
Author: Ian A. Laird
Publisher: Juris Publishing, Inc.
Total Pages: 428
Release: 2014-05-01
Genre: Conflict of laws
ISBN: 1937518418

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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.


International Natural Resources Law, Investment and Sustainability

International Natural Resources Law, Investment and Sustainability
Author: Shawkat Alam
Publisher: Routledge
Total Pages: 765
Release: 2017-09-27
Genre: Law
ISBN: 131753588X

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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 Energy Investment Law

International Energy Investment Law
Author: Mustafa Erkan
Publisher: Kluwer Law International B.V.
Total Pages: 442
Release: 2011-01-01
Genre: Law
ISBN: 9041134115

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"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

World Trade and Investment Law Reimagined
Author: Alvaro Santos
Publisher: Anthem Press
Total Pages: 422
Release: 2019-06-28
Genre: Law
ISBN: 1783089741

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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.


Performance Requirement Prohibitions in International Investment Law

Performance Requirement Prohibitions in International Investment Law
Author: Alexandre Genest
Publisher: BRILL
Total Pages: 288
Release: 2019-09-16
Genre: Law
ISBN: 9004392106

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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.