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      • Open Access Article

        1 - Contracts of Build, Operate and Transfer in Free Trade of Iran
        reza nik khah sarnaghi Mehdi  Sheidaei Gourchin Qaleh
        Build – operate – Transfers (B.O.T.) contract is a contract in which one part of the contract (Investee government) gives the right of construction and operation of an infrastructural project to a consortium including several private entities. In this contract, after co More
        Build – operate – Transfers (B.O.T.) contract is a contract in which one part of the contract (Investee government) gives the right of construction and operation of an infrastructural project to a consortium including several private entities. In this contract, after constructing and operating the project, the consortium is obliged to transfer the project to the investee government after a specific time. Different governments especially in the underdeveloped countries consider this contract as an effective tool in attracting foreign investment in order to get an effective management to run infrastructural projects. In order to succeed in this method, the investee government should provide legal, economical and political sect for the private investors. In the Iranian legal system, the only existing rule is the rule of encouraging and supporting foreign investors legislated in 2002 in the Expediency Discernment Council in which this contract is briefly briefed. Due to the particular position of the free industrial and commercial zones, this kind of contract can be advantageous for the government in Iran in order to attract foreign investment and have access to the modern technologies. This study attempts to determine the motivations in using B.O.T. contract and the role of such a contract in attracting foreign investment. Besides, in this article attempts have been made in order to investigate the dispossessions of the international investors as well as the ways of solving their problems.. Manuscript profile
      • Open Access Article

        2 - Investigating the Ethical System in the Arbitration of Foreign Investment
        Habibullah  Brahui Moghadam Mohammad  Abouata Hamid  Masjed Serai
        As national laws and regulations have been established for the purpose of resolving and resolving disputes between the corporate entities, governments have been created. In international relations, there has also been an imperfect, even incomplete, regulation of dispute More
        As national laws and regulations have been established for the purpose of resolving and resolving disputes between the corporate entities, governments have been created. In international relations, there has also been an imperfect, even incomplete, regulation of disputes between individuals and individuals, including a country and an international organization and a company that has been subject to these disputes. International trade was adopted as the latest and most important legislative change in Iran in the field of arbitration, mainly aimed at promoting arbitration and harmony with the international legal system. Foreign investment is one of the areas that has been heavily influenced by international arbitration, and the first step in this direction is to create a proper legal system for balancing and balancing through the application of financial mechanisms and the establishment of appropriate rules and regulations, Provide guarantees to investors. Therefore, in this research, the frameworks and ways of resolving disputes between foreign investors and governments are discussed at the time of the occurrence of the dispute. Manuscript profile
      • Open Access Article

        3 - Possibility of third party entry in international investment dispute for protection of human rights
        Mohsen Abdollahi Nafiseh Shakeri
        International investment law and substantive and procedural rules for dispute settlement through arbitration mechanism is under experience and evaluation. Theoretical reasoning and procedure play an important role in this process. One of the issues raised in this field More
        International investment law and substantive and procedural rules for dispute settlement through arbitration mechanism is under experience and evaluation. Theoretical reasoning and procedure play an important role in this process. One of the issues raised in this field of law is the possibility of considering international human rights as part of the governing law, and consequently considering human rights obligations for both contracting parties of the investment agreement. Given that human rights commitments often do not meet the economic interests of both parties, they are likely to be ignored and neglected. Therefore, it is necessary to discuss how to monitor the human rights act of international investment parties. One solution to meet this need is to pay attention to the oversight exercised those who are outside the investment contract or the third party to the contract. In this study, considering the theoretical and procedural justifications, the present conditions of the possibility of a third party entry into an investment dispute is examined from a human rights standpoint Manuscript profile