Consideration of the challenges and requirements of the interoperability of foreign investment norms and human rights

Articles in Press

Document Type : Research Paper

Authors

1 Associate Prof. Department of Law. Faculty of Law and Social Sciences. University of Tabriz. Tabriz. Iran.

2 Department of Law, Faculty of Law and Social Science. University of Tabriz. Tabriz. Iran

Abstract

Investment treaties play a crucial role in enhancing economic cooperation between governments. The current international investment framework involves the support of governments for foreign investors during the investment attraction process. This policy can potentially overshadow and even override the protection of human rights for the citizens of the host state. Although this concern was initially raised in theoretical circles, an increase in related cases prompted investigating institutions to delve into the matter. The central focus of these discussions revolves around examining the conflicts and challenges in achieving normative interoperability between the two systems. Consequently, the primary question in the current research is whether there exists a conflict between governments' human rights obligations and their contractual commitments in the realm of foreign investment. If the answer is affirmative, the research aims to explore the challenges and requirements for achieving normative interoperability between these two systems. The research, based on a library method and subjected to a descriptive-analytical review, posits that conflicting obligations, without comprehensive reforms in the foreign investment system, may impede governments in realizing public interests and achieving their human rights goals on a broad scale. Therefore, the research proposes solutions to address shortcomings in the current approaches of the foreign investment system, emphasizing the need for reforms to enhance regulation and better protect human rights.

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 26 June 2025

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