Transnational Dispute Management
Volume I, issue #04 - October 2004
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About TDM

Focussing on recent developments in the area of Investment arbitration and Dispute Management, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting.

TDM is supported by CEPMLP / Dundee, the International Bar Association and other law firms, international organizations and companies.

Editor-in-Chief

Editor-in-Chief is Thomas Wälde, Professor of International Energy Law (and former Executive Director) of the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee, the internationally leading graduate school in oil, gas and energy law and policy. Professor Wälde is the former principal UN adviser on oil, gas, energy and investment law.

State Regulation of Foreign Property Rights: Between Legitimate Regulation and Nationalisation - an Analysis of Current International Economic Law in Light of the Jurisprudence of the Iran-United States Claims Tribunal

By A. Kolo

Introduction

Hardly do long-term contractual agreements run their course without some terms being changed or dispute arising there from; more so in case of transnational investment arrangements between governments and foreign investors. This may partly be so because of the uncertainties in the markets, the extent and economic value of the minerals, or the socio-political set up of the host country which may undergo changes from time to time. Changes in commodity prices on the international markets, or change of fortune of the venture or project may lead either of the contracting parties to view the existing terms of the arrangement as onerous and seek to alter them, especially as the bargaining power shifts from the investor to the host state over a period of time.

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