Sangwani Patrick Ng’ambi, Kangwa-Musole George Chisanga
May 5, 2020 Forthcoming
Reference - 152 Pages
ISBN 9780367075965 - CAT# K405721
Series: Routledge Research in International Economic Law
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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.
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