نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Stabilization clauses are contractual mechanisms designed to protect investments in petroleum contracts by limiting the adverse effects of changes in the host state's laws and regulations on the contractual rights and obligations of the parties. However, the validity and legal effects of these clauses are closely associated with the tension between investment security and state sovereignty, particularly the state's authority to amend its laws and regulations in pursuit of the public interest. This study aims to examine the legal nature, scope, and types of stabilization clauses, their validity, and the consequences of breaching the obligations arising from them in petroleum contracts. The research adopts a descriptive-analytical method and relies on the analysis of legal rules and principles governing petroleum contracts. The central research question concerns the legal validity of stabilization clauses and the consequences of their breach for contractual relations and the liability of the host state. The findings indicate that, where a stabilization clause is valid under the applicable law and the terms of the contract, it may create binding contractual obligations for the state. Nevertheless, the scope of its binding effect and the consequences of its breach depend on the type of clause, the contractual provisions, and the applicable legal system. Depending on the circumstances, the injured party may be entitled to claim damages, including provable loss of profits, subject to the rules governing contractual liability and compensation. Furthermore, the state's contractual obligations must be assessed in light of its legislative powers and its responsibility to protect the public interest.
کلیدواژهها English