نوع مقاله : پژوهشی
1 استاد گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 دانشجوی دکتری حقوق تجارت و سرمایهگذاری بینالمللی دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
Balancing the relationship between The Full protection and Security Standard (FPS) and the public health is one of the oldest challenges within the body of the international investment laws; since the protection of public health, without regulating the host countries, leaves room for harm to foreign investment, and the strict protection of foreign investment, can lead to the losing the public and fundamental interests of the host country.Therefore, within the current paper, there is an attempt to examine the legal system that overrules these concerns within the body of the international investment laws.The question which remains is how can host countries maintain their public health whithout breach of the Full Protection and Security Standard, and Creating their international responsibilities.This study shows that, the international investment laws do not take a clear stance when it comes to regulating the relationship between public health, and the implementation of (FPS), and that they are in fact in some cases paradoxical and disorganize .For example, although the fight against Covid-19, as an example of public health through quarantine, restrictions and bans, Recognizes the right of sovereignty of the host country, it may also have an international responsibility for them.