نوع مقاله : مقاله علمی- پژوهشی مستقل
موضوعات
عنوان مقاله English
نویسنده English
The new structure of investment treaties can act as an alternative dispute resolution system whereby investors can directly hold host countries accountable for property rights violations through international arbitration, And to manage and resolve disputes between investors and governments using technical legal methods instead of political disputes with diplomacy and arbitration strategies. Therefore, the present research was considered with the aim of investigating the role of investment treaties in the de-politicization of investor-government disputes with the strategy of diplomacy and arbitration. Therefore, the research question implies the role of investment treaties in the de-politicization of investor-government disputes from the point of view of diplomacy and arbitration. The hypothesis of the research is that investment treaties have been effective in de-politicizing investor-government disputes from the point of view of diplomacy and arbitration. In this regard, 110 cases of disputes were studied and analyzed between 2017 and 2022 in developing countries. The results showed that the often hidden world of informal investment diplomacy raises broader questions about the effects of legalization, diplomacy, and corporate power as investors confront conflicts in the developing world. Therefore, powerful governments rarely use threats or explicit sanctions in investment disputes. This indicates an important change in investment diplomacy from the period when the system of investment treaties was revealed. Governments also strategically choose when to intervene in conflicts, rather than when forced to do so by private pressure. Therefore, the non-interference of governments and the politicization of disputes and controversies in bilateral or multilateral investment treaties and a greater tendency towards active international arbitrations and diplomacy agreed upon by investors, which is specified in contracts and treaties, are recommended as a practical policy proposal.
کلیدواژهها English