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Environmental, Social and Economic Development Provisions in Investment Contracts: A Resource for Government Lawyers in the Commonwealth

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Format: Book- Paperback
ISBN-13: 9781849291965
ISBN-10: 1849291969
Author: Motoko Aizawa/Howard Mann
Publication Date: 15-Mar-2021
Additional Information:

Number of Pages: 148

Description: It is increasingly recognised that sound investment contracts between foreign investors and host states can play an important role in helping countries to meet the Sustainable Development Goals (SDGs). At the same time, many current investment relationships lack fairness and balance. This book helps government drafters and reviewers of investment contracts to achieve fairness and balance in investment relationships with respect to environmental, social and economic development matters. As well as providing detailed guidance on drafting sustainability provisions in investment contracts, it highlights issues concerning the relationship between domestic law and investment contracts, and the need for these two legal elements to be developed in a symbiotic way.

Table of Contents: Preface Acknowledgements List of Figures and Boxes Abbreviations and Acronyms About the Authors 1. Background and Rationale 1.1 How this Resource came about 1.2 The scope of the Resource 1.3 Key audiences 2. Lessons Learned from Contracts and Models 3. The Laws Governing Foreign Investments: Getting the Relationships Right 4. Guidance on Drafting Environmental, Social and Economic Sustainability Provisions in Investment Contracts 4.1 Sustainable development objectives in a contract 4.2 Due diligence on environmental, social and economic obligations 4.3 Manage negative and positive environmental and social impacts 4.4 Maximise opportunities for local economic and social development 4.5 Anticipate and manage climate change risks 4.6 Project must respect human rights 4.7 Engage with stakeholders and address their concerns 5. Related General Guidance for Contracts 5.1 Ensure third-party rights are protected 5.2 Transparency of contracts 5.3 From enforcement to compliance promotion: Monitor and report on project performance and material events 5.4 Applicable law 5.5 Avoid stabilisation of non-fiscal laws 5.6 Dispute avoidance and dispute settlement Annex: Summary of Guidance Suggested Reading

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