Document Type : Article

Authors

1 Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

The obligation of the host state to fair and equitable treatment of foreign investors includes maintaining the stability of the investment environment, transparency, compliance with legal procedures and etc. On the other hand, sustainable development is a dynamic concept whose implementation requires constant domestic and international regulation. A question may arise as to how these two principles can be balanced, most particularly in investment arbitrations. In this article, the possible contrast between these two commitments and the case-law of international investment arbitration on this subject will be examined. It will be concluded that the fair and equitable treatment standard can be interpreted with respect to the object and purpose of an investment agreement in light of the other requirements of the agreement, such as sustainable development. With regard to international investment arbitration case-law, it seems that arbitral tribunals have used behavioral criteria to make interaction among such obligations possible.

Keywords

  1.  English

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    1. B) Article
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    1. C) Documents
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    3. The Agreement Between the Government of Canada and the Government of the United States of America Concerning the Trans boundary Movement of Hazardous Wastes, 1986.
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    2. Adel A Hamadi Al Tamimi v. Sultanate of Oman, ICSID Case No. ARB/11/33, Award (Nov. 3, 2015).
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    Refrences In Persian

    1. A) Books
    2. Piran, Hosein (2009), International investment legal issues, Tehran: Ganj-e Danesh Press (In Persian).
    3. Ziaei Bigdeli, Mohammad Reza (2006), International treaty law, Tehran: Ganj-e Danesh Press, 3d Edition (In Persian).

     

    1. B) Articles
    2. Parsi, Arash; Seifi, Seyed Jamal (2019), “The relationship between foreign investor rights and international human rights and environmental obligations”, International Law Revie, Vol. 4 (In Persian).
    3. Pasban, Mohammad Reza & Asghari, Zeinab (2013), The role of fair behavior in resolving disputes arising from foreign investment with emphasis on the concept of social responsibility of transnational corporations”, Private Law Research, Vol. 8 (In Persian).
    4. Ziaei, Seyed Yaser (2013), “The place of environmental obligations in international investment law”, Public Law Research, Vol. 42 (In Persian).