نوع مقاله : مقاله پژوهشی
دانشگاه آزاد اسلامی واحد مشهد، مشهد، ایران.
عنوان مقاله [English]
Attracting foreign investment has long been one of the most vital factors in all countries of the world, which has been effective in economic development and employment. Attracting foreign financial resources in different types and forms is one of the most important priorities of countries in the world and has become one of the priorities for achieving their development goals. Among different methods of foreign financing, foreign direct investment method is one of the most efficient methods. In addition to the flaws and drawbacks to this method, the existence of many positive effects such as access to new export markets, promotion of competitiveness, transfer of technical and new management knowledge to the host firm and creating economic security, reforming the management system, exchanging new economic experiences, technology and technology are not hidden to anyone. Therefore, the aim of this study was to investigate the rights of foreign investment in international commercial contracts in accordance with Iran's trade law. This paper, which has been conducted based on library studies, is a descriptive-analytical research and during this research, we are looking for answers to the main question of how and with what standards can be balanced between investor's rights and the host country in international trade contracts? The results of this study indicate that the failure of existing commercial laws and regulations in Iran, the failure of the laws and rules governing international trade, different interpretations of some principles of the constitution and the existence of disagreements of opinion are among the barriers to investment in the form of commercial contracts in the country. Also, factors such as Iran’s non-membership in the International Center for Resolving Disputes a resulting from foreign investment, the necessity of resolving disputes between the Iranian government and foreign investors regarding bilateral commitments by Iranian courts, ambiguities in the text of the law regarding errors lead to the lack of trust in foreign investment and the impact of misconduct on international transactions and treaties.