Violation of foreign investment agreements and government diplomatic support for its citizens

Articles in Press

Document Type : Original Article

Authors

1 Professor, Faculty Member, Department of Law, Allameh Tabatabai University

2 PhD student, Department of Law, Allameh Tabatabai University

10.48300/jlr.2022.328602.1953

Abstract

Considering the prominent role of the individual in international law and the presence of individuals alongside the government as an active function of international law, the impact of this presence can be examined from various political, social, economic and other aspects. With the activity of private individuals in the field of investment and considering the observance of the minimum international standards of treatment of foreigners, the concept of diplomatic protection aims to guarantee the rights of foreign investors against threats such as expropriation and confiscation of property, nationalization and any breach of contractual obligations. It has also entered the field of investment in the land of the host and investable government. The most important function of diplomatic protection of investors is to compensate for damages arising from the violation of the rights of foreign investors. However, today, considering the obstacles in resorting to the mechanism of diplomatic protection, including the lack of real compensation due to the long process of appealing to domestic courts as one of the preconditions for the application of this mechanism, leads to alternative solutions such as concluding bilateral treaties. , Has referred to arbitration and membership in the Convention for the settlement of disputes arising out of the investment of States and nationals of other States (OXID), and this has shown a reduction in the use of diplomatic protection.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 12 February 2024

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