This book analyses the impact that stabilization clauses have on
the development of human rights and gender laws in resource rich
nations. Given the fact that stabilization clauses freeze the law
for as long as the contract subsists there has been debate on the
negative impact stabilization clauses have on the progressive
development of human rights in the host State. Firstly, the book
examines the mechanisms investors utilise in protecting themselves
from host State prerogatives. It then explores the theoretical
basis on which stabilization clauses are applied and upheld by
arbitral tribunals, and assesses how they can be drafted in a way
that protects human rights, particularly in relation to gender
discrimination, without forcing the resource rich nations to lose
momentum in attracting foreign direct investment. Using Zambia and
the Gender Equity and Equality Act of 2015 as a case study, the
book explores the compatibility of the legislation with the
stabilization clauses contained in the country's Development
Agreements. The book will be of interest to practitioners, scholars
and students of international investment law, human rights law and
contract law.
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