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:: Volume 11, Issue 41 (3-2023) ::
mieaoi 2023, 11(41): 416-433 Back to browse issues page
Analysis of international investment law and international human rights law and Iranian law based on the practice of defending host state human rights in ICSID arbitration
Mohsen Emami Gheshlagh
Assistant Professor, Law Department, Islamic Azad University, Urmia Branch , m_emami63@yahoo.com
Abstract:   (89 Views)

This research seeks to explore and describe the relationship between international investment law and human rights through the study of the structure, case numbers, and procedure of the Center for Settlement of Investment Disputes using the analytical-descriptive research method. The findings show that the ICSID Convention is undoubtedly the most important collective of international investment law in the several-decade history of this branch of international law. Because it is the only treaty that has a collection of a collection and gathers the developed. Currently, the ICSID Arbitration Court faces many criticisms not only from the developing countries of the investee. It also faces many criticisms from NGOs and human rights organizations. Many of these criticisms are related to the Court's indifference to human rights standards. The result of this claim can be seen in the similarity of investment arbitration proceedings. In fact, despite the substantive differences between investment law and international trade law, the structure and procedural rules of ICSID arbitration are also designed from international commercial arbitration. This is natural and understandable given the long history of arbitration mechanisms in commercial disputes; but it is not necessarily defensible given the nature of the claims raised and the involvement of sovereign states in investment arbitration.

Article number: 17
Keywords: Human rights, foreign investment, ICSID Arbitration Court, international law
Full-Text [PDF 878 kb]   (44 Downloads)    
Article type: Research | Subject: Special
Received: 2022/08/2 | Accepted: 2022/11/8 | Published: 2023/03/1
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Emami Gheshlagh M. Analysis of international investment law and international human rights law and Iranian law based on the practice of defending host state human rights in ICSID arbitration. mieaoi 2023; 11 (41) : 17
URL: http://mieaoi.ir/article-1-1836-en.html


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Volume 11, Issue 41 (3-2023) Back to browse issues page
نشریه اقتصاد و بانکداری اسلامی Islamic Economics and Banking
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