Public Law Studies Quarterly

The System of Bilateral Investment Treaties in Light of the Principles of ‎Sustainable Development of the 2002 Delhi Declaration

Document Type : Article

Authors

Ayat Mulaee 1
Nasim Soleymani nezhad 2
Nasrin Babri 3

1 Associate Prof., Department of Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran

2 PhD student in Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran

3 MA. in private law, Faculty of Law, Islamic Azad university, Ilkhchi Branch, Iran

https://doi.org/10.22059/jplsq.2023.344347.3100
Abstract
Critics of bilateral foreign investment treaties argue that these agreements often pose a serious threat to the principles of sustainable development. The main purpose of this paper is to examine the compatibility of the system of bilateral investment treaties with the principles of sustainable development. Therefore, this research aims to evaluate the treaty system in light of the principles of international law as outlined in the 2002 Delhi Declaration on Sustainable Development. The resulting conclusion is based on the premise that bilateral investment treaties are never an obstacle to sustainable development. This is well reflected in the recent trends of treaties as elements of sustainable development have, albeit initially, been incorporated into such treaties. Undoubtedly, by adhering to considerations such as environmental, economic, and social assessments prior to the conclusion of agreements, establishing behavioral obligations for investors, and enhancing regional cooperation by replacing bilateral treaties with multilateral ones, sustainable development principles will become more prominent in investment treaties. However, this underscores the necessity for careful attention from treaty drafters and interpreters in thoroughly examining the application and incorporation of sustainable development principles.

Keywords

foreign investment law
‎sustainable development
‎new delhi declaration
‎environment law
the ‎principle of the ‎precautionary approach.‎
Subjects

  1. English

    1. A) Books
    2. Alston, P. (2005). Non-state Actors and Human Rights. Oxford University Press.
    3. Birnie, B. (2002). International Law and the Environment. 2d ed, Oxford University Press.
    4. Cordonier S., & Khalfan, A. (2004). Sustainable Development Law: Principles. Practices and Prospects, New York: Oxford University Press.
    5. French, D. (2005). International Law and Policy of Sustainable Development. Manchester University Press.
    6. Muchlinski, Peter (1995). Multinational Enterprises and the Law, Oxford: Blackwell.
    7. Redfern, H. (2004). The Law and Practice of International Commercial Arbitration, 4th ed. London: Sweet and Maxwell.
    8. Weiler, T. (2004). Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects. Ardsley, N.Y.: Transnational Publishers.

     

    1. B) Documents
    2. Agenda 21, Report of the UNCED, I (1992). UN Doc. A/CONF.151/26/Rev. 1, 31 ILM 874.
    3. IndiaSingapore Comprehensive Economic Cooperation Agreement (2005).
    4. Johannesburg Plan of Implementation, Report of the World Summit on Sustainable Development (2002). U.N. Doc. A/CONF.199/20
    5. Monterrey Consensus of the International Conference on Financing for Development, Report of the International Conference on Financing for Development (2002). UN Doc. A/CONF.198/11, chapter 1, resolution 1.
    6. NAFTA, the North American Free Trade Agreement: a guide to customs procedures (1994). Washington, DC: Dept. of the Treasury, U.S. Customs Service: [Supt. of Docs., U.S. G.P.O., distributor].
    7. The World Investment Report on the foreign direct investment (2003).
    8. United States of America - Uruguay BIT (2005).

     

    1. C) Reports
    2. International Law Association, Report of the Committee on the International Law on Sustainable Development, Toronto Conference (2006). online: http://www.ilahq.org/html/layout_committee.htm
    3. Orellana, “Science, Risk and Uncertainty: Public Health Measures and Investment Disciplines” forthcoming (2006). in report of 2004 Research Seminar on International Investment Law of the Hague Academy of International Law.

     

    1. D) Websites
    2. Frank, Susan “Foreign Direct Investment, Investment Treaty Arbitration and the Rule of Law” (2007). 19 McGeorge Global Bus. & Development L.J. 337, Social Science Research Network http://ssrn.com/abstract=882443
    3. N (2006). "The Influence of the Host State's Level of Development on International Investment Treaty Standards of Protection" www.transnational-dispute-management.com
    4. Guzman, AT ‘Why LDCs sign treaties that hurt them: Explaining the popularity of BITs’ (1998). http://works.bepress.com/andrew_guzman/15

     

    References In Persian:

    - Articles

    1. Jahanipour, M., & Toheidi, A. (2021). The position of "sustainable development. in international law with an emphasis on the practice of governments. Tehran University Public Law Studies Journal, (2), 641-660 (In Persian).
    2. Shahbazi, A. (2008). Sustainability of Development or Sustainable Development in International Law. International Legal Journal, (45), 125-139 (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
Autumn 2024
Pages 2647-2667

  • Receive Date 11 June 2022
  • Revise Date 31 March 2023
  • Accept Date 22 May 2023

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us