نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشکده حقوق دانشگاه شهید بهشتی
2 دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Debates about the effects of investment liberalization have intensified with the rapid growth of the international investment regime, in view of this, there is a fear that the investment protection regime, as a key driver of economic growth and development of countries, may undermine the sovereign right of the host state to regulate in the public interest, including sustainable development. The evolution of international investment arbitration law also shows that the fair and equitable treatment standard has become the main tool for foreign investors to file claims against host countries. Therefore, analyzing how the "fair and equitable treatment standard" and "sustainable development" interact and interact with each other plays a fundamental role in the conceptual foundation of this standard. The purpose of this research is to examine aspects of sustainable development as a criterion in interpreting the fair and equitable treatment standard in international investment arbitrations. The question that this research seeks to answer is how the analytical paradigm of arbitral tribunals regarding the interaction between the standard of fair and equitable treatment and sustainable development is formulated and applied.For thispurpose, an analysis of investment arbitration decisions related to sustainable development concerns and what was in line with the assessment of this issue has been carried out.This article concludes with the view that the breadth and at the same time flexibility of the conceptual structure of the fair and equitable treatment standard apparently provides sufficient opportunity to adopt a comprehensive approach in balancing the interests of investors and host countries.
کلیدواژهها [English]
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