The Formation of the International Investment Regime in the Light of Bilateral Investment Treaties
Subject Areas : Political and International Researches Quarterlyعلیرضا میرویسی 1 , مهدی ذاکریان امیری 2 , محمد علی عبدالله زاده 3
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Abstract :
International investment has never been free from controversy throughout its history. According to most scholars, foreign investment is one of the most controversial and contentious issues in law and international relations. This is due to the importance of investment at the global level and the huge amounts of money involved in this field. Since the definition of Customary International Law in protecting the property of aliens is insufficient and does not give any direct rights to foreign investors, and in fact it deprives foreign investors of a direct and effective mechanism to protect their interests and property, this causes the emergence of a huge movement of demand among developed and developing countries to conclude Bilateral Investment Treaties with the features of the International Investment Regime, which not only protects the property of aliens, but also it has become the best alternative in terms of regularizing relations between a foreign investor and the host State.This article refers to the formation of the International Investment Regime by using the theory of international regimes in the light of Bilateral Investment Treaties. It is assumed that because Bilateral Investment Treaties standardize the legal obligations of States in an international level towards .foreign investors, this provides the basis for the formation of the International Investment Regime in international relations
