Comparative Study of Prohbition of Performance Requirements in International Investment Agreements
This work examines the legal consequences of prohibition of "performance requirements" in foreign investment agreements. Performance requirements have been the significant instruments of control and management of foreign investment operation within the territories of host States. Its prohi...
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| Format: | Article |
| Language: | fas |
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University of Tehran
2015-05-01
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| Series: | Majallah-i ḥuqūq-i taṭbīqī |
| Online Access: | https://jcl.ut.ac.ir/article_54409_7351.html |
| _version_ | 1818939061039005696 |
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| author | Mohammad Bagher Sheikhi |
| author_facet | Mohammad Bagher Sheikhi |
| author_sort | Mohammad Bagher Sheikhi |
| collection | DOAJ |
| description | This work examines the legal consequences of prohibition of "performance requirements" in foreign investment agreements. Performance requirements have been the significant instruments of control and management of foreign investment operation within the territories of host States. Its prohibition is one of the developing legal phenomenons of the 21st century. The conflicts between general international obligations and investment specific obligations of host States is the main problem of this legal change. Although the prohibition of performance requirements reduces the conflicts of the members’obligations within the framework of free trade relations, it causes new challenges in particular from the corner of States’international responsibility. The author shall consider the aspects of this new coming phenomenon and its legal vacuum in a comparative and critical analysis. |
| first_indexed | 2024-12-20T06:17:45Z |
| format | Article |
| id | doaj.art-9de40be4bb0b4c65a57eda7c5afcd338 |
| institution | Directory Open Access Journal |
| issn | 1735-496X 2423-3404 |
| language | fas |
| last_indexed | 2024-12-20T06:17:45Z |
| publishDate | 2015-05-01 |
| publisher | University of Tehran |
| record_format | Article |
| series | Majallah-i ḥuqūq-i taṭbīqī |
| spelling | doaj.art-9de40be4bb0b4c65a57eda7c5afcd3382022-12-21T19:50:30ZfasUniversity of TehranMajallah-i ḥuqūq-i taṭbīqī1735-496X2423-34042015-05-0161Comparative Study of Prohbition of Performance Requirements in International Investment AgreementsMohammad Bagher Sheikhi0PhD in International Law, Researcher of International Studies, University of Tehran, Tehran, Iran.This work examines the legal consequences of prohibition of "performance requirements" in foreign investment agreements. Performance requirements have been the significant instruments of control and management of foreign investment operation within the territories of host States. Its prohibition is one of the developing legal phenomenons of the 21st century. The conflicts between general international obligations and investment specific obligations of host States is the main problem of this legal change. Although the prohibition of performance requirements reduces the conflicts of the members’obligations within the framework of free trade relations, it causes new challenges in particular from the corner of States’international responsibility. The author shall consider the aspects of this new coming phenomenon and its legal vacuum in a comparative and critical analysis.https://jcl.ut.ac.ir/article_54409_7351.html |
| spellingShingle | Mohammad Bagher Sheikhi Comparative Study of Prohbition of Performance Requirements in International Investment Agreements Majallah-i ḥuqūq-i taṭbīqī |
| title | Comparative Study of Prohbition of Performance Requirements in International Investment Agreements |
| title_full | Comparative Study of Prohbition of Performance Requirements in International Investment Agreements |
| title_fullStr | Comparative Study of Prohbition of Performance Requirements in International Investment Agreements |
| title_full_unstemmed | Comparative Study of Prohbition of Performance Requirements in International Investment Agreements |
| title_short | Comparative Study of Prohbition of Performance Requirements in International Investment Agreements |
| title_sort | comparative study of prohbition of performance requirements in international investment agreements |
| url | https://jcl.ut.ac.ir/article_54409_7351.html |
| work_keys_str_mv | AT mohammadbaghersheikhi comparativestudyofprohbitionofperformancerequirementsininternationalinvestmentagreements |