Stabilization and Renegotiation Clauses in State Contracts, National Law and Investment Treaties

Abdallah Abuelfutuh Ali, JSD (2022), McGeorge School of Law, is State Counsel at the Egyptian State Lawsuits Authority, Ministry of Justice. He also holds an LL.M from UC Davis School of Law and an LL.B from Beni-Suef University, Egypt. He has served as a Research Assistant at McGeorge School of Law and a Visiting Scholar at UC Davis School of Law.

• PrefaceAcknowledgmentsList of Figures and TablesAbbreviations1 Introduction1.1 Background1.2 Aims, and Objectives1.3 Overview of Methodology2 Traditional Contractual Stabilization Clauses2.1 Introduction2.2 Definition of Stabilization Clauses2.3 Origins of Stabilization Clauses2.3.1 Stabilization through Investment Contracts2.3.2 Stabilization through Domestic Laws2.3.3 Stabilization through iia s2.3.4 Stability through a Multi-tiered Approach2.4 Justification and Purpose of Stabilization Clauses2.4.1 From the Perspective of a Foreign Investor2.4.2 From the Perspective of Foreign Project Financiers2.4.3 From the Host State’s Perspective2.5 Types of Stabilization Clauses2.5.1 Traditional Stabilization Clauses2.5.2 Modern Stabilization Clauses2.5.3 Hybrid Stabilization Clauses2.6 At What Point Are Stabilization Clauses Typically Included in State Contracts? (An Analysis Using Statistical Methods)2.7 Validity and Legal Effect of Traditional Stabilization Clauses2.7.1 Validity and Legal Effect of Stabilization Clauses under Domestic Law2.7.2 Validity and Legal Effect of Stabilization Clauses under International Law2.8 Stabilization Clauses in Empirical Work2.9 Conclusion3 Renegotiation Clauses3.1 Introduction3.2 Definition of Renegotiation Clause3.3 History and Background of Renegotiation3.4 Types of Renegotiations3.4.1 Renegotiation Based on Situation3.4.2 Renegotiation Based on the Parties3.5 Contract with and without Traditional Renegotiation Clause3.5.1 Contract without Traditional Renegotiation Clause3.5.2 Contract with Renegotiation Clause3.6 The Significance of Renegotiation Clause in the State Contract3.6.1 Salvage the State Contract3.6.2 Changing Circumstances3.6.3 Filling Gaps3.6.4 Providing Flexibility for Differing Cultural Attitudes3.7 Limitations and Constraints of Renegotiation Clauses3.8 Recalibration and Recommendations3.9 Conclusion4 Reconceptualizing the Legislative Stabilization Clause4.1 Introduction4.2 A New Taxonomy of Legislative Stabilization Clauses4.2.1 Aspirational lsc s4.2.2 Standard lsc s4.2.3 Contractual lsc s4.3 Recalibration and Recommendations4.4 Conclusion5 Legal Stability Guarantees in International Investment Agreements5.1 Introduction5.2 International Investment Agreements’ Stabilization Clauses (iia sc)5.3 Legal Stability under Fair and Equitable Treatment Standard (fet)5.3.1 fet Standard Includes a Guarantee of Legal Stability (Pro-investor Approach)5.3.2 Rejectionist Approach of Linking the fet Clause and Legal Stability in the Strict Sense (Reasonableness Approach)5.4 Recent Treaty Practice5.5 Conclusion6 Summary and Final ConclusionsTable of CasesTable of International Investment Agreements and Other International Instruments/DocumentsAppendixBibliographyIndex