W. D. Meyer Law

It does not have to be strange to us, then, that in determined occasions the own state is come off its privileges with the purpose of to equip legal security to its relations with the individuals, attracting this way potential investors. Security means, that a legal state that it protects in but perfect and effective of the forms the goods of the life, realises such protection of impartial way just and; whatever with the necessary institutions for this protection and enjoys the confidence, in those who looks for the right, that this exactly will be applied. The hiring with the state often must, to do against resulting situations, inequitativas of the fact that, in its legal relations with people and organizations, contracted in use of its powers of imperium, the state shows a privilege situation. It is this case of those tie contracts to the granting of concessions for the use of natural resources, the infrastructure development publishes or the operation of services public. Continue to learn more with: Amazon. The subject has individual relevance in an economic context in which the internal, economic or technological resources, are insufficient for the accomplishment of projects of development of spread, reason why must at the same time be foreign investors those that they provide these resources and they contract with the state, being put under its jurisdiction. He is not strange, then that, through you complete decades, the economic international right has come taking care to develop new concepts and institutions whose purpose is to equip with legal security those contractual relations in which the own state considers justifiable to eliminate the greater noncommercial risk than it is from his particular situation like contractor. Some of these concepts and institutions confine a the legal relations between states and nationals of other states, as it is the case of international treaties regarding the protection of the foreign investments. Of another side, other concepts exist and institutions that have been developed in the internal right of each country, in order to avoid that the legislative faculty of the state or its jurisdiction on the part cocontractor, represents a dissuasive element for the celebration of a considered contract of national interest or an additional factor of noncommercial risk that this cocontractor must consider in its economic model to the time to negotiate the terms and conditions of the contract.