The Investment Dispute Resolutions in Energy Charter Treaty
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2014, Vol 8, Issue 12
Abstract
Energy differences, due to the strategic nature of the enormous costs associated with it, great sensitivity, and the Energy Charter Treaty as the first legal document in planning, trade, transit and investment in the energy sector, to formulate detailed rules and coherent, in the context of dispute settlement, try to minimize business risks, and that in order to reassure the parties to the contract, their rights and legal guarantees for investment is safe. Charter with the investment divisions are split into two groups, the difference between the investor and the host government, and disputes between Contracting States, for any dispute with regard to the nature of the dispute, has established separate regulations. Provide different methods, such as negotiation and compromise before going to authorities, international arbitration, and the investor is required to refer the dispute to the civil authorities of the host country, and Charter Initiative Grant filed a case directly, without the need for diplomatic protection to foreign investors to guarantee non-discriminatory manner, thereby increasing investor confidence, resulting in increased investment and trade flows between members is. In this study, it is, in addition to the Charter outlines the rules of dispute settlement, investment climate, with a careful review of the charter, the government invested uncertainties such as lack of merit, the case against private investors, and investment restrictions in saying resolve the dispute, and the dispute settlement mechanism of the Energy Charter, as a good role model not only for the security of the investment, and its related differences in energy, but the rest of the field.
Authors and Affiliations
Nader Mardani| Assistant Prof. of Public and International Law, Shiraz University, Shiraz Iran, Hamideh Bahmani Bohlooli| Master of International Law, Shiraz University, Shiraz Iran, email: Hamideh.bahmani@yahoo.com
Keywords
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