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
According to critics of international investment agreements (IIAs), in most cases these agreements pose a serious threat to the principles of sustainable development. The main question of the present presentation is to examine the compliance or non-compliance of the (IIAs) rigime with the principles of sustainable development. Therefore, during this research, by using a descriptive-analytical method, an attempt has been made to evaluate the (IIAs) rigime in the light of New Delhi Declaration on Principles of International Law Relating to Sustainable Development. The result is based on the principle that (IIAs) are never considered as an obstacle to sustainable development. This is well seen in the recent practice of agreements. Because the elements of sustainable development, although primitive, have entered in to the (IIAs) rigime. Undoubtedly, by observing points such as environmental, economic and social assessment before concluding agreements, creating behavioral requirements in investors and strengthening regional cooperation in replacing multilateral agreements with bilateral ones, the principles of sustainable development will become more prominent in agreemnts. Of course, this highlights the need for treaty drafters and interpreters to consider fully the application and integration of the sustainable development framework.
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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