This study begins with a generel review of the developments of international law and relations especially during this century and then continues to consider these developments within the specific contexts of permanent sovereignty over natural resrouces and bilateral investment treaties from which it is concluded that there have been many changes in the context in which foreign investment is made as well as the substantive rules governing it. However, despite the changes in attitude and the developments. there seems to be no specific and detailed set of rules universally accepted to be governing foreign investment especially in the area of compensation which is the core of the matter. Having considered this general background, the study turns to the contribution of one of the most unique experiences in the history of arbitration i. e. the Iran-United States Claims Tribunal. After studying the general factual and legal background of the creation of the Tribunal and the examination of the instruments upon which the Tribunal's jurisdiction and structure are based, the thesis examines the practice of the Tribunal with regard to both expropriation and compensation. Attempt has been made to examine these issues from almost every relevant aspect. The conclusion reached in the final analysis of this part is that despite the consistency of the Tribunal's practice with regard to some general issues, there has not been much coherence when it comes to more specific and concrete issues such as the method of valuation and some aspects of expropriation and compensation. The final conclusion of the study is that there is still a long way to go before establishing a universal, specific and detailed set of rules governing foreign investment although the bilateral approach can be, and in fact is, considered as a safe interim measure of protection as far as the capital exporting countries are concerned. It also questions the viability and wisdom of adopting the Iran-United States Claims Tribunal experience as a pattern for resolving future investment disputes in light of the extraordinary background of its creation and controversies as to the precedential value of some of its decisions.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:292373 |
| Date | January 1991 |
| Creators | Rabiee, Sohrab |
| Publisher | University of Exeter |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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