Analysis of the Margin of Appreciation Doctrine in Non-Human Rights Treaties with Emphasis on Trade and Investment Treaties

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AHMADINEJAD MARYAM; Aminroaya Yasser

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Journal: INTERNATIONAL LAW REVIEW Year:2019 | Volume:- | Issue:60 Page(s): 291-318

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Information Journal Paper

Title

Analysis of the Margin of Appreciation Doctrine in Non-Human Rights Treaties with Emphasis on Trade and Investment Treaties

Author(s)

AHMADINEJAD MARYAM | Aminroaya Yasser | Issue Writer Certificate

Keywords

Non-Human Rights TreatiesQ1

Review StandardsQ1

Freedom of Action and AuthoritiesQ1

Commercial TreatiesQ1

Investment TreatiesQ1

Abstract

At first, it was assumed that the Margin of Appreciation Doctrine exists only in the human rights treaties and particularly in the European Convention on Human Rights, while the Margin of Appreciation Doctrine is considered as a right for States in many Non-Human Rights Treaties due to specific conditions and rules that govern some international treaties such as the existence of optional obligations or ambiguity, insertion of non-precluded measures clauses and existence of positive obligations. Therefore, in international treaties, the granting of this right to States would enable them to choose and adopt the best decision, according to the circumstances and necessities related to the public interest. Accordingly, the traditional views which believed in the conflict of the margin of appreciation doctrine with adherence to international obligations have been adjusted. There are concerns about the abuse of freedom of action, and powers granted to the States, that leads to an opposition with authorities granted under the framework of the margin of appreciation doctrine to States. Of course, these concerns were obviated somewhat with regard to the fact that, international judicial courts have relied on Review Standards to supervise on State powers.

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APA: Copy

AHMADINEJAD, MARYAM, & Aminroaya, Yasser. (2019). Analysis of the Margin of Appreciation Doctrine in Non-Human Rights Treaties with Emphasis on Trade and Investment Treaties. INTERNATIONAL LAW REVIEW, -(60 ), 291-318. SID. https://sid.ir/paper/409215/en

Vancouver: Copy

AHMADINEJAD MARYAM, Aminroaya Yasser. Analysis of the Margin of Appreciation Doctrine in Non-Human Rights Treaties with Emphasis on Trade and Investment Treaties. INTERNATIONAL LAW REVIEW[Internet]. 2019;-(60 ):291-318. Available from: https://sid.ir/paper/409215/en

IEEE: Copy

MARYAM AHMADINEJAD, and Yasser Aminroaya, “Analysis of the Margin of Appreciation Doctrine in Non-Human Rights Treaties with Emphasis on Trade and Investment Treaties,” INTERNATIONAL LAW REVIEW, vol. -, no. 60 , pp. 291–318, 2019, [Online]. Available: https://sid.ir/paper/409215/en

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