International Investment Law and Gender Equality: Stabilization Clauses and Foreign Investment

1st Edition

Sangwani Patrick Ng’ambi, Kangwa-Musole George Chisanga

Routledge
May 5, 2020 Forthcoming
Reference - 152 Pages
ISBN 9780367075965 - CAT# K405721
Series: Routledge Research in International Economic Law

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Summary

 

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.

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