IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
32
PE 703.592
In principle, as it is accurately put, ‘all systems of law – embody a permanent tension between stability
and flexibility’.
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In contract law, for instance, the parties, on
the one hand, draft contracts to bring
predictability to the future to avoid uncertainty and risk. On
the other hand, include provisions to adapt
to unforeseen changes they cannot anticipate. In
like manner, in investment treaties the problem
between stability and flexibility is present.
Instability is not desirable from the investors’ perspective as it has a deterrent effect on investment
planning and action. Since investment treaties’ philosophy is the
protection of the investors, the
rigidity of their provision in a necessary ingredient.
On the other hand, states, which commit to certain promises to future investors,
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