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.
Table of Contents
THE DOCTRINE OF PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES
POLITICAL RISK AND THE EFFECT OF STABILIZATION CLAUSES IN CONCESSION AGREEMENTS
STABILIZATION CLAUSES AND HUMAN RIGHTS CONCERNS
STABILIZATION CLAUSES AND GENDER EQUALITY: A CASE STUDY OF ZAMBIA
Sangwani Patrick Ng’ambi serves as 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.