elnaz nesari
Abstract
Nowadays, issues non-related to investment have been entered in foreign investment law. Investment may bring about human rights and environmental challenges. Sustainable Investment emphasizes on the necessity of observing environmental and social standards in foreign investment process. While international ...
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Nowadays, issues non-related to investment have been entered in foreign investment law. Investment may bring about human rights and environmental challenges. Sustainable Investment emphasizes on the necessity of observing environmental and social standards in foreign investment process. While international instruments which are related to foreign investment do not contain legal necessity on foreign investment to conform with sustainability paradigm, foreign investment insurer organs –especially MIGA- provide that the continuance in supporting the project is subject to environmental and social considerations. It is mentioned through MIGA’s Policy on Environmental and Social Sustainability that the agency is obliged to consider environmental issues before deciding to guarantee the project. Importance of protecting the environment is also emphasized by classifying the activities according to environmental and social basis. Emphasis on foreign investment sustainability which is indicated in MIGA’s instruments, regulations and practice encourages investors to conform investment projects to environmental regulations.
Zakieh Taghizadeh; Mahdi Haddadi
Abstract
Sustainable development of the oceans and regulating the seas by the application of the rule of law is considered as one of the most recent phenomena in the field of international law of the sea. Because of the exacerbated challenges and threats posed on the marine environment and the growing decline ...
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Sustainable development of the oceans and regulating the seas by the application of the rule of law is considered as one of the most recent phenomena in the field of international law of the sea. Because of the exacerbated challenges and threats posed on the marine environment and the growing decline in genetic resources due to the expansion of human activities, the international community’s concerns about occurring environmental crises for future generations and the threat posed on the principles of intergenerational equity and the common heritage of mankind have been increasing. Therefore, the conservation and sustainable exploitation of marine biodiversity and genetic resources in areas beyond national jurisdiction in recent years have attracted the attention of the UN General Assembly. Therefore, it seems necessary that the legal regime governing biodiversity to be set out by a legally binding instrument under the Convention on the Law of the Sea (UNCLOS) through the consensus of all states. The following research, while outlining the international legal regime governing marine biodiversity, examines the legal effects and outputs arising out of the implementation of the doctrine of the common heritage of mankind on marine genetic resources in areas beyond national jurisdiction.
Javad Kashani; Mostafa Rezaeyan Mehr
Abstract
The decommissioning of offshore oil and gas installations is considered as one of the most complicated problems of our time, that comprises broad legal, economic, political and environmental issues. Although such factors have always been important in oil and gas industry, but with the decline of production ...
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The decommissioning of offshore oil and gas installations is considered as one of the most complicated problems of our time, that comprises broad legal, economic, political and environmental issues. Although such factors have always been important in oil and gas industry, but with the decline of production from oil and gas fields since mid 1980s it has turned into a serious challenge for the oil companies and states. This paper seeks to identify the challenges faced by the oil and gas industry regarding the issue of decommissioning of offshore oil and gas installations, and furthermore to identify the regional and international applicable law on decommissioning and their efficiency. The paper concludes that the existing international regulations lack the required consistency and efficiency. Moreover, currently integration or formation of customary international law concerning decommissioning of offshore oil and gas installations would be impossible due to lack of necessary basis for the creation of such rule.
