The Andean approach to stabilisation clauses Academic Article

journal

  • International Journal of Private Law

abstract

  • 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.

publication date

  • 2013-1-1

edition

  • 6

keywords

  • Bolivia
  • Colombia
  • Ecuador
  • Law
  • Peru
  • economic sector
  • experience
  • investor
  • legal person
  • natural persons
  • stabilization
  • statute
  • tax law

International Standard Serial Number (ISSN)

  • 1753-6235

number of pages

  • 21

start page

  • 67

end page

  • 87