نوع مقاله : علمی پژوهشی
نویسندگان
1 عضو هیات علمی دانشگاه شهید بهشتی
2 حقوق تجارت و سرمایه گذاری بین المللی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Although investment treaties are considered as an effective tool to protect foreign investors, they can also limit the host state’s regulatory powers. That is why states, anticipating the possibility of initiation of arbitration proceedings brought by investors before arbitral tribunals, may refrain from pursuing their legitimate public policies, especially in the interests of security, the environment, public order, public morality and public health. Based on this background, states seek to protect their essential interests by incorporating Exception clauses in investment treaties. The main aim of this article is to examine the characterization of the Exception clause, as limitation on the scope of the substantive obligations of BITs and relevant effects of such a classification. The authors initially try to provide a general framework of such clauses that includes a definition, distinction from other clauses and review of treaty practice of states. They then examine the legal classification of these clause. They will demonstrate that Exception clauses are characterized as a treaty-internal limitation on the scope of the substantive obligations. Such a characterization will raise important effects in arbitration proceeding.
کلیدواژهها [English]
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