Год выпуска: 2012 Автор: Morgan Mukwasa Издательство: LAP Lambert Academic Publishing Страниц: 108 ISBN: 9783659240508
Описание
Stabilisation clauses have been a common feature of international investment agreements since the First and Second World Wars. To date, however, both scholarly opinion and the international arbitral jurisprudence on the validity and bindingness of stabilisation clauses remains sharply divided. On the other hand, even those who argue against the validity and bindingness of stabilisation clauses recognise that breach of a stabilisation clause by the host State should, as a matter of right, entitle the investor to compensation of some sort. Even so, it is still not clear whether an international arbitration tribunal can order payment of compensation solely on the basis of a claim by an investor that a stabilisation clause has been breached by the host State. Also not clear is the precise threshold beyond which the host State’s obligation to pay compensation should be triggered, especially for breach of an economic equilibrium stabilisation clause. This book is an attempt to shed light...
