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Understanding Investment Law in Zambia deals with both the domestic
law and international legal norms pertaining to foreign direct
investment. A wide array of topics is covered in this book,
including the contractual, legislative and treaty-based protections
available to investors as they consider entrusting their capital to
another jurisdiction. These protections are considered through the
prism of the Zambian investment climate, and give a glimpse into
both historical and current issues.
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.
Contract Law in Zambia: An Introduction covers all the relevant
aspects of the law of contract in Zambia, in both statutory and
common law. The book focuses on a range of topics, including the
theoretical aspects, offer and acceptance, consideration, the
intention to create legal relations, the terms of a contract,
misrepresentation, duress and undue influence, void and illegal
contracts, the discharge of a contract, and remedies for breach of
contract. The author covers important English case law and related
developments. However, the author also examines the increasing
number of cases decided by the Zambian courts, which 'domesticate'
and build on English law, and therefore highlights the relevance of
the local context and the changes that have occurred as a result of
home-grown adjudication. Contract Law in Zambia: An Introduction is
intended mainly for law students, but legal practitioners,
corporate professionals, and those in related disciplines will also
find the book to be an indispensible resource.
Foreign direct investment in the natural resource industries is
fostered through the signing of concession agreements between the
host State and the investor. However, such concessions are
susceptible to alteration by the host State, meaning that many
investors now require the insertion of stabilization clauses. These
are provisions that require the host State to agree that they will
not take any administrative or legislative action that would
adversely affect the rights of the investor. Arguing that it is
necessary to have some form of flexibility in concession agreements
while still offering protection of the legitimate expectations of
the investor, Resource Nationalism in International Investment Law
proposes the insertion of renegotiation clauses in order to foster
flexible relationships between the investor and the host State.
Such clauses bind the parties to renegotiate the terms of the
contract, in good faith, when prevailing circumstances change.
However these clauses can also prove problematic for both State and
investor due to their rigidity. Using Zambia as a case study, it
highlights the limitations of the efficient breach theory to
emphasise the need for contractual flexibility.
Foreign direct investment in the natural resource industries is
fostered through the signing of concession agreements between the
host State and the investor. However, such concessions are
susceptible to alteration by the host State, meaning that many
investors now require the insertion of stabilization clauses. These
are provisions that require the host State to agree that they will
not take any administrative or legislative action that would
adversely affect the rights of the investor. Arguing that it is
necessary to have some form of flexibility in concession agreements
while still offering protection of the legitimate expectations of
the investor, Resource Nationalism in International Investment Law
proposes the insertion of renegotiation clauses in order to foster
flexible relationships between the investor and the host State.
Such clauses bind the parties to renegotiate the terms of the
contract, in good faith, when prevailing circumstances change.
However these clauses can also prove problematic for both State and
investor due to their rigidity. Using Zambia as a case study, it
highlights the limitations of the efficient breach theory to
emphasise the need for contractual flexibility.
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