Document Type : Scientific Research

Authors

• Hamid Hamidian ¹
• Fateme Rajaiee ²
• Alireza Pouresmaeili ³

¹ Postdoctoral Researcher at Hakim Sabzevari University and Doctor of Law at Shiraz University, Shiraz, Iran.

² Assistant Professor, Department of Jurisprudence and Law, Hakim Sabzevari University, Sabzevar, Iran.

³ Associate Professor, Department of Private Law, Hakim Sabzevari University, Sabzevar, Iran.

Abstract

With the increase of legal pluralism in the contemporary international system, the interference of the areas of investment and human rights has increased. Therefore, the balance of these two areas is essential and this is nothing but encouraging investment and creating a balance in the investment environment based on human rights standards, which over time has shown itself in the investment arbitration jurisprudence. Is. In this article, it is tried based on the analysis of opinions in this field while identifying the limitations; Let's examine the common models of human rights citation in investment arbitration. Therefore, it seems that the existing legal procedure is vague, insufficient, contradictory and new. Therefore, it is necessary to look at the half-full glass based on the boldness of the proposal and the reference to human rights, and it cannot be denied that in many cases, the courts have an inherent desire for one-sided and biased arbitration in favor of the investment treaty. Of course, in this regard, the courts are afraid of leaving the jurisdiction and abuse of the host governments, and in this regard, the role of the citation of human rights based on the basic principles of international law and the framework of the investment treaty is very key for interpretation. The necessity of human rights action and The lack of other options must be proven in the court so that the judges can justify the violation of obligations based on that action.

Keywords

• Human Rights
• Arbitration
• Investment
• Judicial Procedure

Main Subjects

• حقوق تجارت