Volume 24, Issue 4 (2021)                   CLR 2021, 24(4): 55-95 | Back to browse issues page

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Hamidiam H, Rezaee A. The study of the Status of Social Responsibility in Investment Treatis: A comparative study of the law of Iran, Canada, Brazil and the European Union. CLR. 2021; 24 (4) :55-95
URL: http://clr.modares.ac.ir/article-20-42854-en.html
1- Ph.D. Student of Private law, Faculty of Law & Political Science, University of Shiraz, Shiraz, Iran
2- Assistant Professor of Private law, Faculty of Law & Political Science, University of Shiraz, Shiraz, Iran , a-rezaei@shirazu.ac.ir
Abstract:   (1037 Views)
Transnational companies are pursuing expanding trade and makeing profit.this issue leads  this companies to ignores the social dimension of their measures. Therefore, the governments have tried to regulat and guarantee corporate social responsibility through the hard  law and soft standards contained in investment treatis. In this study, the Status of social responsibility in the investment treatis of Canada, Brazil, the European Union and finally Iran has been examined and evaluated, and it seems that the approach of Brazil and the European Union in guaranteeing social responsibility according to Accurate explanation of examples and reference to international legal documents has been more successful. In the post TCOPA investment treatis.In Iran the  trend towards formulating social responsibility can be detected . Though  these restrictions have not been effective in balancing the interests of foreign investors with the public interest, and have been faced challenges such as the traditional nature of investment treaties, the soft nature of rules and ambiguity in explaining the concept of social responsibility, lack of international character. Therefore, the arbitration tribunal should also support to grow and strengthen this responsibility by giving a balanced interpretation of the rights of the investor and the host country and the classic rules of investment. Rivison of the content of  the  investment treatis, and giving  more attention to the  rules of social responsibility than protecting a foreign investor, is another solution that should be considered.
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Article Type: Original Research | Subject: Comparative Law
Received: 2020/05/13 | Accepted: 2021/02/1 | Published: 2021/03/10

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