1st Edition

Nationalization, Natural Resources and International Investment Law Contractual Relationship as a Dynamic Bargaining Process

By Junji Nakagawa Copyright 2018
    238 Pages 2 B/W Illustrations
    by Routledge

    250 Pages 2 B/W Illustrations
    by Routledge

    Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory.

    Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.

    1. Introduction: Defining the Problems and the Need for a New Analytical Framework

    2. Agreements for the Development of Natural Resources

    3. Governing Law of Agreements

    4. Governing Law for Nationalization

    5. Governing Law for Revising Agreements

    6. Legal Process of Natural Resource Nationalization Disputes: Concluding Remarks


    Junji Nakagawa is Professor of International Economic Law at the Institute of Social Science, University of Tokyo, Tokyo, Japan. His publications include WTO: Beyond Trade Liberalization (Iwanami Shoten, 2013, in Japanese), Transparency in International Trade and Investment Dispute Settlement (Routledge, 2013), Multilateralism and Regionalism in Global Economic Governance (Routledge, 2011), International Harmonization of Economic Regulation (Oxford University Press, 2011), Anti-Dumping Laws and Practices of the New Users (Cameron May, 2007), and Managing Development: Globalization, Economic Restructuring and Social Policy (Routledge, 2006).

    'Junji Nakagawa has written a must-read primer for anyone interested in international investment law and, in particular, the complex issues raised by nationalization disputes in natural resources development. This monograph fills an important gap in the literature on investment law and arbitration by meticulously studying the ways and means that foreign investors and host states employ to successfully manage their business relationship through the conclusion, implementation, revision and termination of agreements.  Building upon the negotiation theory, Junji Nakagawa demonstrates that the whole legal process of transnational natural resource development is a unique and dynamic bargaining process which a fundamental pillar of international investment law.' — Professor Julien Chaisse, Faculty of Law & Director, Centre for Financial Regulation and Economic Development, The Chinese University of Hong Kong

    'Nationalization, Natural Resources and International Investment Law by Junji Nakagawa is a highly recommended reading for all those academics, graduate students, policy makers, and legal practitioners interested in nationalization disputes in particular and international investment law in general. It is not only Nakagawa’s very thorough analysis of investment contracts which provides many insights into this field. It is the highly innovative approach of applying the analytical framework of dynamic bargaining theory to the issue of nationalization disputes which renders this book an outstanding piece of interdisciplinary research in international investment law which masterfully adds also to the body of research in public international law more broadly. Last but not least, the book is a remarkable piece of evidence of the author’s far-sightedness. The analysis presented in this book resembles by and large Nakagawa’s now translated Ph.D. thesis submitted 30 years ago. His research, however, seems more topical than ever and has not lost any of its innovation.'Steffen Hindelang, Professor, Department of Law, Freie Universität Berlin