Obsolescence of the Obsolescing Bargain: Why Governments Must Get Investor-State Contracts Right

Columbia FDI Perspectives 2021

3 Pages Posted: 24 Mar 2021

See all articles by Karl P. Sauvant

Karl P. Sauvant

Columbia University - Columbia Center on Sustainable Investment

Louis T. Wells

Harvard University - Business School (HBS)

Date Written: February 22, 2021

Abstract

Gone are the days when governments could easily renegotiate natural resource and other investment contracts if foreign investors, e.g., reaped bonanzas from rising resource prices, surprisingly rich discoveries, or terms that were too favorable. Today, international investment agreements protect investors from renegotiation if they do not wish to do so. Hence, governments must get initial contracts right, including providing for possible future events.

Suggested Citation

Sauvant, Karl P. and Wells, Louis T., Obsolescence of the Obsolescing Bargain: Why Governments Must Get Investor-State Contracts Right (February 22, 2021). Columbia FDI Perspectives 2021, Available at SSRN: https://ssrn.com/abstract=3787729 or http://dx.doi.org/10.2139/ssrn.3787729

Karl P. Sauvant (Contact Author)

Columbia University - Columbia Center on Sustainable Investment ( email )

Columbia Law School
435 W 116th Street
New York, NY 10027
United States

HOME PAGE: https://works.bepress.com/karl_sauvant/388/

Louis T. Wells

Harvard University - Business School (HBS) ( email )

Soldiers Field Road
Morgan 270C
Boston, MA 02163
United States

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