Nationalization, natural resources and international investment law : contractual relationship as a dynamic bargaining process

Bibliographic Information

Nationalization, natural resources and international investment law : contractual relationship as a dynamic bargaining process

Junji Nakagawa

(Routledge research in international law)

Routledge, 2018

  • : hbk

Other Title

資源国有化紛争の法過程 : 新たな関係を築くために

Shigen kokuyuka funso no ho katei

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Note

Translation of: Shigen kokuyuka funso no ho katei

Includes bibliographical references and indexes

Description and Table of Contents

Description

Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.

Table of Contents

1. Introduction: Defining the Problems and the Need for a New Analytical Framework 2. Agreements for the Development of Natural Resources 3. Governing Law of Agreements 4. Governing Law for Nationalization 5. Governing Law for Revising Agreements 6. Legal Process of Natural Resource Nationalization Disputes: Concluding Remarks

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