Examining legal solutions to guarantee international investment

Authors

1 Master's student in private law, Kish International Unit, Islamic Azad University, Hormozgan, Iran.

2 Member of the Faculty of International Law, Damavand Branch, Islamic Azad University, Tehran, Iran.

Abstract

One of the ways to finance the developing countries or the third world is to attract foreign capital. This research aims to investigate the legal solutions to guarantee international investment with emphasis on the conditions of stability and commitment. This research is a descriptive-analytical type of research and has been done with the method of scanning library resources. In the following, in response to the research question, is the commitment condition accepted as a legal solution to guarantee the stability of private contracts in the international community to guarantee foreign investment? It should be stated that foreign investment contracts between governments and foreign persons are essentially private contracts. According to the investors and their respective governments, the supervision of domestic laws on these contracts leaves the government's hand free to interfere in them; Therefore, accepting the conditions of stability and commitment as a questionable and relative legal principle can be a guarantor of investment, and the basis of the government's international responsibility is not the contract, but the government's commitment in an international treaty to support investment.

Keywords