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...

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Detalles Bibliográficos
Autores Principales: Rodriguez-Yong C.A., Martinez-Muñoz, Karol X.
Formato: Artículo (Article)
Lenguaje:Inglés (English)
Publicado: 2013
Materias:
Acceso en línea:https://repository.urosario.edu.co/handle/10336/22144
https://doi.org/10.1504/IJPL.2013.050528
Descripción
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.