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The Redesign of International Investment Contracts

Edited by: Yuliya Chernykh, David Collins, Hayk Kupelyants

ISBN13: 9781049416588
To be Published: September 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00





Highlighting how and why international investment contracts are central to foreign investment, this book explores their evolution and, in turn, their role in shaping global regimes. Leading scholars and practitioners shed light on how contracts between states and investors allocate risk, distribute regulatory authority, and respond to pressures concerning sustainability, human rights, and the environment.

The book provides a fresh conceptual lens for rethinking international investment contracts as dynamic instruments of governance. Chapters challenge conventional boundaries by questioning established assumptions about the limits of contract law, the role of contracts in global governance, and the relationships between private and public ordering. Contributing authors explore the interdisciplinary nature of the topic, covering issues from historical development, methods of harmonisation, and model contracts to corruption and tensions between investments and the commercial nature of sovereign debt contracts. The book examines both the need for, and the potential to, redesign of international investment contracts for a more resilient and accountable global economy.

Bridging theory and practice, The Redesign of International Investment Contracts is an essential resource for students and scholars of international investment and arbitration law. Practitioners and policymakers in contract, sustainability, and private international law will also benefit from the book’s forward-looking and pragmatic approach.

Subjects:
International Investment Law
Contents:
Introduction: international investment contracts as agents and objects of transformation 1
Yuliya Chernykh, David Collins and Hayk Kupelyants
1. The (de-)nationalisation of the international investment contract: between history and imagination 11
Vladislav Djanic
2. From economic development agreements to international investment contracts: some reflections around sustainability and choice of law 37
Sondra Faccio
3. Clear language and international investment contracts 62
Yuliya Chernykh
4. The UNIDROIT methodology and the two circles of principles for the harmonisation of international investment
contracts 84
Rocco Palma
5. Model contracts and the rebalancing of international investment law: insights from Egypt’s Model Mining Exploitation Agreement 116
David Collins
6. Validity of stabilisation clauses in international investment contracts: a private international law perspective 143
Hayk Kupelyants
7. The controversial nature of sovereign debt contracts: potential implications for the regulation of international investment contracts 159
Livia Hinz and Astrid Iversen
8. Corruption in contract-based investment disputes: from allegations to consequences 186
Yarik Kryvoi