Stabilization Clauses in International Investment Law

Explores in detail the currently debated tension between the regulatory stability and regulatory flexibility of host states on the one hand, and to sustainable development on the other

Provides a meticulous review and analysis of stabilization clauses and sustainable development

Fills a gap in the current literature on the implications of stabilization clauses on sustainable development

Proposes a highly tenable conceptual and normative solution for reconciling the negative effects of such clauses on the host state's power to regulate for sustainable development

Inhalt
Part I Stabilization Clauses and Sustainable Development: Setting the Framework: 1 The Stabilization Clause / Regulatory Power Antinomy and Sustainable Development: An Introduction.- 2 Meaning, Evolution, Rationale, Sources and Typology of Stabilization Clauses.- 3 The Implications of Stabilization Clauses on the Host State's Regulatory Power: A Sustainable Development Perspective.- Part II The Legal Status of Stabilization Clauses under National and International Law: The Traditional and Current Practice: 4 The Legal Status of Stabilization Clauses under National Law.- 5 The Legal Status of Stabilization Clauses under International Law: The Traditional Debate Revisited.- 6 The Legal Status of Stabilization Clauses under International Law: The Current Practice.- Part III Reconciling the Antinomy between the Stabilization Clause and the Host State's Regulatory Power in the Light of Sustainable Development: 7 The Role of a Sustainable Development Approach in Reconciling the Antinomy between Stabilization Clauses and the Host State's Regulatory Power.- 8 Reconceptualizing Stabilization Clauses in Light of a Constructive Sustainable Development Approach.- Part IV Summary and Conclusions: 9 Summary and Conclusions.