The role of human rights rules in regulating international investment contracts

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Namdar Mahmoud; Arfania Behshid; Mofidian Sharara

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ISSN: 2588-4824

Journal Paper

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Journal: Geography (Regional Planning) Year:2024 | Volume:13 | Issue:2 Page(s): 261-281

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Title

The role of human rights rules in regulating international investment contracts

Author(s)

Namdar Mahmoud | Arfania Behshid | Mofidian Sharara | Issue Writer Certificate

Keywords

Contract regulationQ4

Investment ContractsQ4

Human rightsQ4

Abstract

Today, one of the most prominent topics discussed in the legal community is Human rights, which is linked to challenging examples such as Investment Contracts, creating a new approach that has affected both domestic and international regulations. Especially since this important issue cannot be explicitly observed in bilateral or multilateral investment agreements. However, conditions such as the right to work, the right to education, the right to life, environmental restrictions, and such things can be regulated in line with the rules of Human rights. The research shows that the inclusion of Human rights rules in Investment Contracts and giving them an identity is well known. This issue can be seen in the light of the approach of various international institutions, either commercial or arbitration. The findings show this fact; Because today international treaties and documents are a key tool in the strategies of most countries, especially developing countries, to attract foreign investment. So, it is clear that these treaties play an increasing role in expanding Human rights rules in Investment Contracts. Therefore, by recognizing the aforementioned rules in the process of setting up Investment Contracts, in case of ambiguity, they should be analyzed in the direction of Human rights principles. This issue causes the contractual terms and lawsuits to be interpreted in the dispute resolution authorities with issues outside the contract and with the color of Human rights in order to protect the interests of the indigenous peoples and the residents of the capitalized lands.

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