THE ROLE OF INVESTMENT ARBITRATION IN CONCEPTULIZATION AND INTREPRETATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN OIL DISPUTES

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

SAVRAI PARVIZ; FAZELI MARJAN

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Energy Law Studies Year:2019 | Volume:5 | Issue:1 Page(s): 77-91

Download Full-Text

Persian Verion

View:

342

Download:

Cites:

Information Journal Paper

Title

THE ROLE OF INVESTMENT ARBITRATION IN CONCEPTULIZATION AND INTREPRETATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN OIL DISPUTES

Author(s)

SAVRAI PARVIZ | FAZELI MARJAN | Issue Writer Certificate

Keywords

Public Participation PrincipleQ1

Petroelum ArbitrationQ1

Lone pine v.CanadaQ1

Chevron v.EquadorQ1

Abstract

Implementing the principle of public participation in oil disputes requires the participation of individuals or groups of public who are not parties to arbitration. This participation can be realized through the presentation of written submission, access to important arbitration documents and attendance in arbitration hearings. The rules of international arbitration in the recent reforms and bilateral investment treaties in the new generation have taken the course of implementing this principle. This article seeks to analyze implementation of the principle of participation in the framework of arbitration proceedings. In this paper, two petroleum cases has been reviewed; One has been ruled by a arbitration tribunal to enforce the principle of public participation and the other have rejected this principle. The study indicates, firstly, the importance of stipulating the principle of participation in arbitration rules and investment treaties, and secondly demonstrates tribunals’ lack of willingness to implement the rule of article 31(3) of the Vienna Convention. In LonePine v. Canada, despite the investor's disagreement, tribunal accepted the written submission of the two NGOs based on ICSID Article 37 and NAFTA's statement. However, in Chevron v. Ecuador, the public were not allowed to participate. The silence of the Ecuador-US BIT as well as the implicit authority set forth in Article 15 of UNCITRAL (1976) could be regarded as grounds for this rejection.

Cites

No record.

References

No record.

Cite

APA: Copy

SAVRAI, PARVIZ, & FAZELI, MARJAN. (2019). THE ROLE OF INVESTMENT ARBITRATION IN CONCEPTULIZATION AND INTREPRETATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN OIL DISPUTES. JOURNAL OF RESEARCHES ENERGY LAW STUDIES, 5(1 ), 77-91. SID. https://sid.ir/paper/264288/en

Vancouver: Copy

SAVRAI PARVIZ, FAZELI MARJAN. THE ROLE OF INVESTMENT ARBITRATION IN CONCEPTULIZATION AND INTREPRETATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN OIL DISPUTES. JOURNAL OF RESEARCHES ENERGY LAW STUDIES[Internet]. 2019;5(1 ):77-91. Available from: https://sid.ir/paper/264288/en

IEEE: Copy

PARVIZ SAVRAI, and MARJAN FAZELI, “THE ROLE OF INVESTMENT ARBITRATION IN CONCEPTULIZATION AND INTREPRETATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN OIL DISPUTES,” JOURNAL OF RESEARCHES ENERGY LAW STUDIES, vol. 5, no. 1 , pp. 77–91, 2019, [Online]. Available: https://sid.ir/paper/264288/en

Related Journal Papers