International Investment Law and Gender Equality: Stabilization Clauses and Foreign Investment, 1st Edition (Hardback) book cover

International Investment Law and Gender Equality

Stabilization Clauses and Foreign Investment, 1st Edition

By Sangwani Patrick Ng’ambi, Kangwa-Musole George Chisanga

Routledge

152 pages

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Hardback: 9780367075965
pub: 2020-05-05
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Description

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 scholars and students of human rights law, financial law and contract law.

Table of Contents

CHAPTER ONE

INTRODUCTION

CHAPTER TWO

THE DOCTRINE OF PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES

CHAPTER THREE

POLITICAL RISK AND THE EFFECT OF STABILIZATION CLAUSES IN CONCESSION AGREEMENTS

CHAPTER FOUR

STABILIZATION CLAUSES AND HUMAN RIGHTS CONCERNS

CHAPTER FIVE

STABILIZATION CLAUSES AND GENDER EQUALITY: A CASE STUDY OF ZAMBIA

CHAPTER SIX

CONCLUSION

Bibliography

Index

About the Authors

Sangwani Patrick Ng'ambi serves is Lecturer of Law at the University of Zambia. He specialises in Agricultural Law, Contracts, Torts, International Trade Law and International Investment Law.

Kangwa-Musole George Chisanga is a Lecturer of Law at the National Institute for Public Administration. He specialises in International Investment Law, Mining Law and Gender Law.

About the Series

Routledge Research in International Economic Law

The growing integration of the world economy and resulting increases in cross-border economic exchanges has been accompanied by the rapid growth of law and regulation governing these interactions. This series presents cutting-edge research in international economic law, offering fresh perspectives on what is a fast developing field.

The series surveys the key areas of international economic law: international trade law; international investment law; international financial regulation and monetary law; and related aspects of intellectual property law. Linkages with other international legal regimes are explored such as environmental law, human rights, and public health, highlighting areas where tensions may occur between economic liberalisation, sovereignty and other concerns. Books will investigate the theory, policy and practice of international economic law from a broad range of approaches allowing for innovative and scholarly assessments of the international economic legal order.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General