Comparative Study of Prohbition of Performance Requirements in International Investment Agreements

• Main Author: Mohammad Bagher Sheikhi
• Format: Article
• Language: fas
• Published: University of Tehran 2015-05-01
• Series: Majallah-i ḥuqūq-i taṭbīqī
• Online Access: https://jcl.ut.ac.ir/article_54409_7351.html

This work examines the legal consequences of prohibition of "performance requirements" in foreign investment agreements. Performance requirements have been the significant instruments of control and management of foreign investment operation within the territories of host States. Its prohibition is one of the developing legal phenomenons of the 21st century. The conflicts between general international obligations and investment specific obligations of host States is the main problem of this legal change. Although the prohibition of performance requirements reduces the conflicts of the members’obligations within the framework of free trade relations, it causes new challenges in particular from the corner of States’international responsibility. The author shall consider the aspects of this new coming phenomenon and its legal vacuum in a comparative and critical analysis.