نوع مقاله : علمی-پژوهشی
نویسندگان
1 استادیار دانشکده حقوق و علوم سیاسی دانشگاه مازندران، بابلسر، ایران
2 دانشیار دانشکدة حقوق و علوم سیاسی دانشگاه شیراز، شیراز، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
In recent decades, social responsibility has been a missing link in international investment and trade agreements. Understanding the nature and basis of this responsibility, as well as the challenges it faces, are critical issues that need to be addressed. Research findings indicate that the soft language of agreements, fears of the economic consequences of invoking this condition, the potential for government abuse, litigation costs, and the predominance of a commercial approach in courts hamper the implemention of social responsibility in international trade agreements. It seems that providing a conducive environment for the free presence of civil society representatives, considering social responsibility within the framework of the principle of fair treatment, and invoking general legal principles such as the principle of good faith and implementing effective incentive policies could lead to the establishment of this condition in trade agreements. Ultimately, based on the experiences examined in trade agreements, it appears that Iranian policymakers should promote social responsibility and legally solidify soft law rules in investment laws, regulations, and treaties, while also making the implementation of this responsibility contingent upon the preservation of vital interests. This way, justifiable actions can lead to lower costs for the country regarding non-fulfillment of obligations to foreign investors.
کلیدواژهها English
الف) کتابها
ب) مقالات
ج) پایاننامهها