Mehdi Piri Damgh; Mohammad Hossein Erfanmanesh; Seyed Mohammad Tabatabaei Nejad
Abstract
In cases regarding investment, the first duty of an arbitrator is to consider whether the action by a State hosting property of a foreign investor, is in breach of its international agreement-based obligations or not. The duties of the host state are usually broad in wording which makes it difficult ...
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In cases regarding investment, the first duty of an arbitrator is to consider whether the action by a State hosting property of a foreign investor, is in breach of its international agreement-based obligations or not. The duties of the host state are usually broad in wording which makes it difficult for arbitrators to investigate and settle such cases. In this line, the approach that is taken to assess a breach of state's obligation with regards to the protection of foreign investors to a great extent is similar with the methods employed in other legal cases. The aim of this article is to examine and analyze the effectiveness of such methods in order to test their applicability in international investment arbitration. Since the measures taken by host state are considered as the administration of its sovereignty against a foreign investor and the decision of the international investment arbitration, this article concludes that the legal regime for international investment arbitration calls for particular elements that brings about a distinct regulating regime as well as the application of special standards of review.
Mahmood Bagheri; Somayyeh Sadat Miri Lavasani
Volume 1, Issue 2 , February 2013, , Pages 1-28
Abstract
Public goods are used to meet the essentianl needs of the people in general. Acceleration of globalization besides other reasons, have conferred a global characteristic to these goods which the shortage in their provision at international level, necessitates further cooperation between states and international ...
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Public goods are used to meet the essentianl needs of the people in general. Acceleration of globalization besides other reasons, have conferred a global characteristic to these goods which the shortage in their provision at international level, necessitates further cooperation between states and international organizations in their distribution. This idea was first introduced in Economy, but due to its influence onprovision of peoples’ needs in different life domains, it can be considered as a thorough theory covering a wide range of issues especially in distribution of resources among individuals and countries. The present article aims at exploring the distributive attitude in public goods theory and its place among other notable theories regarding distributive justice. Further, while presenting examples of global public goods and describing the situation of their provision in the world, the author tries to propose suggestions for refinement of the global provision of these goods notably global financial resources which is necessary for provision of other public goods.
