首页    期刊浏览 2025年06月03日 星期二
登录注册

文章基本信息

  • 标题:Capacity of the International Investment Arbitration Mechanism in Environmental Protection
  • 本地全文:下载
  • 作者:Mohammad Habibi Majandeh ; Afifeh Gholami
  • 期刊名称:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
  • 印刷版ISSN:2345-6116
  • 出版年度:2021
  • 卷号:23
  • 期号:71
  • 页码:273-310
  • DOI:10.22054/qjpl.2020.51505.2379
  • 语种:Persian
  • 出版社:Allameh Tabataba'i University Press
  • 摘要:Environmental considerations have always been a challenge for foreign investment. The need to observe environmental minimums from the beginning to the end of the investment is also a concern of environmental law activists. In the meantime, the host state faces sometimes conflicting commitments. State dual obligations to foreign investors on the one hand, and the whole citizens on the other, has in many cases led to disputes, rooted in environmental norms. The main question is how the arbitration mechanism can take an active stand in the face of such disputes? The main purpose of this study is to examine the reflection of these conflicts in investment arbitration and the importance and role of arbitration in improving the environmental status. The authors of this paper believe that the arbitration system has tools that it can use in resolving disputes to balance these conflicting obligations. Some of these legal tools are directly or indirectly related to investment agreements, and others are beyond the treaty and based on international principles, rules, customs and practices.
  • 关键词:Investment Disputes;Environmental Protection;Bilateral Treaties;International Arbitration;Legal Instruments
国家哲学社会科学文献中心版权所有