The Andean approach to stabilisation clauses
This article aims to recognise the features that identify the Andean approach as a region of the stabilisation clauses by analysing the experience of Colombia, Ecuador, Peru and Bolivia. This approach is characterised by: 1 involving a classic freezing stabilisation clause 2 being used as an instrum...
Autores Principales: | , |
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Formato: | Artículo (Article) |
Lenguaje: | Inglés (English) |
Publicado: |
2013
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Materias: | |
Acceso en línea: | https://repository.urosario.edu.co/handle/10336/22144 https://doi.org/10.1504/IJPL.2013.050528 |
Sumario: | This article aims to recognise the features that identify the Andean approach as a region of the stabilisation clauses by analysing the experience of Colombia, Ecuador, Peru and Bolivia. This approach is characterised by: 1 involving a classic freezing stabilisation clause 2 being used as an instrument to promote investment in the country 3 keeping the State power to enact new laws 4 being utilised by investors of multiple economic sectors and activities 5 being incorporated in contracts of private and administrative character 6 being entered into by national and foreign investors and natural and legal persons 7 being regulated by a statute 8 imposing a mandatory minimum amount for the investment 9 being exceptionally onerous 10 having a temporary character, and finally 11 guaranteeing legal stability over tax law and other law areas. Copyright © 2013 Inderscience Enterprises Ltd. |
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