International investment law and gender equality : stabilization clauses and foreign investment /
Ng'ambi, Sangwani Patrick,
International investment law and gender equality : stabilization clauses and foreign investment / Sangwani Patrick Ng'ambi and Kangwa-Musole George Chisanga. - 1 online resource. - Routledge research in international economic law .
Introduction -- 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 -- Conclusion
"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"--
9780429021480 0429021488 9780429667268 0429667264 9780429664540 0429664540 9780429661822 0429661827
Investments, Foreign (International law)--Social aspects.
Women--Legal status, laws, etc.
Investments, Foreign--Law and legislation--Zambia.
Women--Legal status, laws, etc.--Zambia.
LAW / General
K3830
346/.0922
International investment law and gender equality : stabilization clauses and foreign investment / Sangwani Patrick Ng'ambi and Kangwa-Musole George Chisanga. - 1 online resource. - Routledge research in international economic law .
Introduction -- 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 -- Conclusion
"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"--
9780429021480 0429021488 9780429667268 0429667264 9780429664540 0429664540 9780429661822 0429661827
Investments, Foreign (International law)--Social aspects.
Women--Legal status, laws, etc.
Investments, Foreign--Law and legislation--Zambia.
Women--Legal status, laws, etc.--Zambia.
LAW / General
K3830
346/.0922