رسالة جامعية
An Analysis of Stabilization Clause in International Energy Investment Contract
| العنوان: | An Analysis of Stabilization Clause in International Energy Investment Contract |
|---|---|
| العنوان البديل: | 論國際能源投資契約穩定條款之效力分析 |
| المؤلفون: | HAO,MING-CHENG, 郝明騁 |
| مرشدي الرسالة: | LI,GUI-YING, 李貴英 |
| سنة النشر: | 2016 |
| المجموعة: | National Digital Library of Theses and Dissertations in Taiwan |
| الوصف: | 104 International Energy Investment deeply affecting the economic development, social stability and the other fundamental interests of every country in the world, it even plays an important role to stable the international political order. The international energy investment law in recent years has become the new darling of international investment law and international law. From the perspective of international disputes in recent years., the number of international energy investment disputes is increasing rapidly. Stabilization clause is the core cluase in international energy investment contract. It restricts host countries from modifying policies and laws unilaterally, and protect the foreign investor for their expectation on investment economic benefits. Studying on stabilization clause of international energy investment contract is not only the host country and international investors’ practical requirement, but also the requirement for development of international law. The first part of this paper (Chapter II) examines the international energy structure of today's status quo and trend of development, then introduces the transformation of Chinese role in international energy structure and Chinese energy strategy. And it illustrates the presence of non stable factors such as political risk, to highlight the importance of a stable investment, which leads to show stabilization clause’s role in a international energy investment contract. The second part (Chapter III) discusses the various aspects about stabilization clause, from its origin and development, to the basic content and classification of stabilization clause, then compare stabilization clause with other international energy investment contract clauses. At last shows the academic views on the vadality and effectiveness of stabilization clause. The third part (Chapter IV) and the fourth part (chapter V) go through a couple of classic cases in international energy investment field after World War II to introduce how stabilization clause plays in the practice and be challenged by environmental and human rights issues. The fifth part (Chapter VI) analyzes what should pay attention to in the international energy investment contract negotiationsfrom from two aspects that the China government as the host country and China as international investor. And suggests how stabilization clause’s content shall be chosen. Lastly, briefly describes how to face the international energy investment dispute. |
| Original Identifier: | 104SCU00194039 |
| نوع الوثيقة: | 學位論文 ; thesis |
| وصف الملف: | 124 |
| الإتاحة: | http://ndltd.ncl.edu.tw/handle/45745947321278910431Test |
| رقم الانضمام: | edsndl.TW.104SCU00194039 |
| قاعدة البيانات: | Networked Digital Library of Theses & Dissertations |
| الوصف غير متاح. |