Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

expropriation of foreign investmentin the framework of Good governance

Document Type : research

Authors
Kaveh khosravi 1
abdolhossin shiravi 2
mohsen mohibi 3
1 PhD Student in International Law, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Department of Private Law, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran
3 Assistant Professor, Department of International Law, Science and Research Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2023.384409.1372
Abstract
Background and Aim: Modern governments always consider themselves agents of public will and protectors of public interests and goals. Public opinion also measures governments based on their attention to public goals. One of the general goals of governments in the field of achieving good governance is to develop infrastructure and increase public welfare, and in this field, most governments try to achieve more success in this field by attracting foreign investment.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: Due to the long-term nature of the investment contracts and the period of its exploitation, there may be changes in public opinion, fundamental changes in the structure of governments, revolutions may cause a change in attitude towards public goals and expropriation, confiscation and nationalization of the investor's property.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In this regard, there are many issues, one of the most important of which is the role of good governance in determining the legitimacy or not of expropriation in line with public goals. As a result of the investigation, it will be clear that today the principles of good governance have become one of the incentives influencing the continuation of foreign investment.
Keywords
Good governance
expropriation
foreign investment
domestic law
international law
Subjects
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Strategic Studies of Jurisprudence and Law
Volume 5, Issue 2 - Serial Number 17
Studies of economic jurisprudence
Summer 2023
Pages 253-270