Document Type : Article
Authors
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
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.
Main Subjects
English
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References In Persian:
- Articles
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