International Treaties and Regulatory Risk: International Law Disciplines and Sanctions by Global Markets as Complementary Instruments to Reducing the Political and Regulatory Risk for Private Infrastructure Investment
Article from: OGEL Archive issue , in Roundup of Articles
This study identifies the various types of political risks now relevant to modern infrastructure investment. It highlights in particular the risk of governments, governmental entities and companies affiliated with the government, breaching commitments in the form of investment agreements; quasi-contractual licenses, governmental guarantees and similar forms) made to (mainly) foreign investors. As such contractual commitments become more pervasive, a comprehensive and complex contractual architecture is emerging, the purpose of which is to allocate most political risk to the ...