238 pages | 2 B/W Illus.
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.
'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
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
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.