Stability Clause in Foreign Investment Contracts from Administrative Law View

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ABBASI BIJAN; Sohranloo Ali

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Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2020 | Volume:22 | Issue:68 Page(s): 111-140

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Title

Stability Clause in Foreign Investment Contracts from Administrative Law View

Author(s)

ABBASI BIJAN | Sohranloo Ali | Issue Writer Certificate

Keywords

administrative contracts

Foreign Investment Contracts

stability clause

administrative competence

public benefit

Abstract

The entry of foreign private individuals into the contract with the Administration is always accompanied by this concern that the Administration by using its instruments of governance, violates the terms of equality of the parties at the time of concluding the contract and will do such acts like the unilateral change and termination of the contract. To overcome this concern, the types of stabilization clauses in Foreign Investment Contracts are inserted, which seek to preserve the terms of the contract in time of concluding and to prohibit the Administration from changing the terms after the conclusion of the contract. This article by using a descriptive and analytical method seeks to answer the correctness of the inclusion of stabilization clauses in Foreign Investment Contracts in light of administrative rules and principles. Findings show that the inclusion of the conditions of stability in particular types of words, freezing, non-interference and non-compliance with the principle of rule of law, the principle of competence and the principle of equal alignment of public interest and public authority are in contrary with the administrative contracts and the principle of compatibility and non-violation of the stabilization clauses in terms of economic equilibrium with principles governing administrative contracts.

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APA: Copy

ABBASI, BIJAN, & Sohranloo, Ali. (2020). Stability Clause in Foreign Investment Contracts from Administrative Law View. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 22(68 ), 111-140. SID. https://sid.ir/paper/955738/en

Vancouver: Copy

ABBASI BIJAN, Sohranloo Ali. Stability Clause in Foreign Investment Contracts from Administrative Law View. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2020;22(68 ):111-140. Available from: https://sid.ir/paper/955738/en

IEEE: Copy

BIJAN ABBASI, and Ali Sohranloo, “Stability Clause in Foreign Investment Contracts from Administrative Law View,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 22, no. 68 , pp. 111–140, 2020, [Online]. Available: https://sid.ir/paper/955738/en

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