Protection of Human Rights in the International Investment Regime: A Critical Survey with a view into the Iranian Foreign Investment Experience

dc.contributor.authorFalahi, Elaheen
dc.contributor.departmentLawen
dc.contributor.supervisorKarton, Joshua
dc.date.accessioned2021-10-15T16:11:59Z
dc.date.available2021-10-15T16:11:59Z
dc.degree.grantorQueen's University at Kingstonen
dc.description.abstractConsidering that the main purpose of attracting foreign investment is the economic development of the host states, as well as profit of the foreign investors, this purpose cannot be achieved, at least not over the long term, by infringing the human rights of the host states. The Islamic Republic of Iran is a large country with rich natural resources which require foreign investment to develop its resources. On this basis, exploring the economic development of the Iranian state, as an investment host state, and reflection of human rights protection in the investment law regime of Iran, have significant importance. For this aim, this research examines the provisions of the Iranian effective BITs and applicable domestic human rights laws on foreign investors to find out to what extent the existing Iranian investment law regime protects the human rights law obligations of the Iranian state vis-à-vis its obligations toward foreign investors. Iran, as a respondent state in investment arbitration, could take human rights arguments whether for justifying measures undertaken in compliance with international or domestic human rights law, or for invoking violations of its domestic human rights law by the foreign investors. This research finds out that refining the pro-investor approach of Iran’s current treaties will effectively address the tensions between human rights and investment norms. Drafting a new model agreement with human rights consideration and renegotiating the existing investment treaties with counterparties—the major trading partners in priority—could help the Iranian state to establish an equilibrium between protection of foreign investors and its regulatory power for protecting the human rights of the Iranian citizens, and finally achieve its desired economic development in the long-term.en
dc.description.degreeLL.M.en
dc.identifier.urihttp://hdl.handle.net/1974/29506
dc.language.isoengen
dc.relation.ispartofseriesCanadian thesesen
dc.rightsQueen's University's Thesis/Dissertation Non-Exclusive License for Deposit to QSpace and Library and Archives Canadaen
dc.rightsProQuest PhD and Master's Theses International Dissemination Agreementen
dc.rightsIntellectual Property Guidelines at Queen's Universityen
dc.rightsCopying and Preserving Your Thesisen
dc.rightsThis publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.en
dc.subjectInvestment Lawen
dc.subjectInternational Investment Lawen
dc.subjectBilateral Investment Treatiesen
dc.titleProtection of Human Rights in the International Investment Regime: A Critical Survey with a view into the Iranian Foreign Investment Experienceen
dc.typethesisen
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