Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 119-133 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Heydari H, Rahimi F, Shahsavandi E. The Iranian Law Approach to the Environment in the Implementation Foreign Investment Contracts. MLJ 2022; 16 :119-133
URL: http://ijmedicallaw.ir/article-1-1566-en.html
URL: http://ijmedicallaw.ir/article-1-1566-en.html
1- Department of International Law, Faculty of Humanities, Islamic Azad University, Tehran North Branch, Tehran, Iran.
Abstract:
Background and Aim: Foreign investment, along with many benefits, can cause damage and destruction of the environment. In the present paper, an attempt has been made to examine Iran's legal approach to the environment in concluding foreign investment contracts.
Method: This paper is descriptive and analytical applying library method.
Ethical Considerations: In the present paper, the originality of the texts, honesty and trustworthiness are observed.
Results: In Iranian law, the activities of foreign investors require obtaining a license from the Environmental Organization. The obligations of the foreign investor regarding environmental issues include not destroying the environment, not polluting the surface, the continental plateau and the exclusive economic zone and the responsibility towards the environment is proportional to the level of pollution, which, of course, is mainly mentioned in a general and tentative way. Regarding non-contractual obligations, we can refer to more general laws, such as Article 50 of the Constitution and some international rules regarding the necessity of protecting the environment and responsibility for compensation. Of course, the obligations and responsibility of foreign investment companies in compensation for environmental damage are facing challenges. Among these challenges are the ambiguities regarding the laws governing the compliance of the biological requirements by the foreign investor, the lack of clarity of the mechanism for monitoring the compliance of the environmental rules by the foreign investor, as well as the authority for resolving disputes?
Conclusion: It is necessary to specify environmental issues in foreign investment contracts in the form of a clear contract with details attached to the contract and the mechanism of compensation and the authority of the investigation.
Please cite this article as:
Heydari H, Rahimi F, Shahsavandi E. The Iranian Law Approach to the Environment in the Implementation Foreign Investment Contracts. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e8.
Method: This paper is descriptive and analytical applying library method.
Ethical Considerations: In the present paper, the originality of the texts, honesty and trustworthiness are observed.
Results: In Iranian law, the activities of foreign investors require obtaining a license from the Environmental Organization. The obligations of the foreign investor regarding environmental issues include not destroying the environment, not polluting the surface, the continental plateau and the exclusive economic zone and the responsibility towards the environment is proportional to the level of pollution, which, of course, is mainly mentioned in a general and tentative way. Regarding non-contractual obligations, we can refer to more general laws, such as Article 50 of the Constitution and some international rules regarding the necessity of protecting the environment and responsibility for compensation. Of course, the obligations and responsibility of foreign investment companies in compensation for environmental damage are facing challenges. Among these challenges are the ambiguities regarding the laws governing the compliance of the biological requirements by the foreign investor, the lack of clarity of the mechanism for monitoring the compliance of the environmental rules by the foreign investor, as well as the authority for resolving disputes?
Conclusion: It is necessary to specify environmental issues in foreign investment contracts in the form of a clear contract with details attached to the contract and the mechanism of compensation and the authority of the investigation.
Please cite this article as:
Heydari H, Rahimi F, Shahsavandi E. The Iranian Law Approach to the Environment in the Implementation Foreign Investment Contracts. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e8.
Keywords: Environment, Foreign Investment Contract, Contractual Obligations, Non-Contractual Obligations, Damage, Jurisdiction
Type of Study: Original Article |
Received: 2022/11/8 | Accepted: 2023/01/2
Received: 2022/11/8 | Accepted: 2023/01/2
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
