This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated. Nedeva draws on theoretical and practical dimensions in discussion of key theoretical doctrines and ...
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This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated. Nedeva draws on theoretical and practical dimensions in discussion of key theoretical doctrines and proposes practical solutions to the problems facing investment stability. The book provides a comprehensive analysis of the key aspects of stability such as good faith, fair and equitable treatment, stabilisation, umbrella and adaptation clauses, model and signed oil and gas contracts, and relational contracts theory. Numerous case studies are critically analysed with a particular focus on the instruments and factors which represent the continuity of the business relationship, respect for the host state's sovereignty, and the investor's need for clarity and stability of rights and obligations. International in scope, this timely book will be of great interest to academics, researchers and students interested in arbitration and dispute resolution, energy law, and international investment law. With numerous practical implications, this book will also be beneficial for legal practitioners and arbitrators.
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