Modern contractual practice

Modern contractual practice

The modern contractual practice between foreign investors and host states often resorts to clauses aimed at limiting the risks of the investor associated with the unexpected exercise of sovereign legislative or administrative prerogatives. At the same time, investor-state contracts are linked to international law and the regime of investment protection under bilateral and multilateral investment treaties.

In the context of the most recurring clauses in investor-state contracts, critically review two of them, in terms of their efficacy to protect foreign investments. You must do this by referring to relevant jurisprudence, international legal instruments and scholarly material.

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