Indonesian Journal of International Law
Vol. 20, No. 4

The Investor – State Contract Making Case for Renegotiation of the Original Contract

Bordoloi, Animesh Anand (Unknown)



Article Info

Publish Date
06 Aug 2023

Abstract

Most Investor-State projects involve significant capital investment, while recognizing the existence of acute risk factors. After making such investments, investors expect fiscal, regulatory, and political conditions to remain stable or favorable throughout the project's duration. However, due to the long-term nature of agreements, there have historically been significant disputes over differences in expectations versus reality. States may rapidly evolve their economies and interests, sometimes pushing for new deals seen as fairer to investors with changing circumstances. Stabilization clauses have traditionally been used by investors to protect their interests, but over time, such measures have weakened as they are perceived as a threat to the State's sovereignty. As an alternative, renegotiation is being considered as a more mutually inclusive process. This article explores the significance of renegotiation, its evolution, and the issues that need addressing for it to be an acceptable solution for all stakeholders.

Copyrights © 2023






Journal Info

Abbrev

publication:ijil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of ...