The Pursuit of Stability in International Energy Investment Contracts: A Critical Appraisal of the Emerging Trends

Journal of World Energy Law and Business, Vol. 1, No. 2, 2008

37 Pages Posted: 31 May 2012

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: June 24, 2008

Abstract

The purpose of this paper is to examine the emerging trends of stabilization in view of the current state of international law in the field. The theme of the paper is approachedfrom three broad perspectives. First, a brief review of the classic stabilization techniqueswill be offered, followed by an appraisal of the modern ones (which are yet to attract seri-ous scholarly attention and arbitral scrutiny) in international energy contracts with spe-cial reference to the emerging innovative pursuit of stability in the cross-border pipelineindustry. Although the focus of the present paper is on the energy industry, the discussionwill also be relevant to the broader area of international investment. Second, thefunctional value of stabilization techniques will be examined in light of the arbitral jurisprudence and juristic views. Third, the emerging conceptual perimeter of the norma-tive standards of treaty stabilization of foreign investors’ contractual rights will be criti-cally explored. And, finally some concluding remarks will be made.

Keywords: Stabilization Clauses, Contractual Equilibrium, Protection of Investment, Treaty Stabilization

Suggested Citation

Maniruzzaman, A. F. M., The Pursuit of Stability in International Energy Investment Contracts: A Critical Appraisal of the Emerging Trends (June 24, 2008). Journal of World Energy Law and Business, Vol. 1, No. 2, 2008. Available at SSRN: https://ssrn.com/abstract=1338053

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

Register to save articles to
your library

Register

Paper statistics

Downloads
510
rank
53,029
Abstract Views
1,274
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information