نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشکده حقوق. دانشگاه شهید بهشتی. تهران
2 حقوق انرژی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Security of tenure in mining law refers to the stability and predictability of the rights granted to an investor throughout the life cycle of a mining project, and constitutes a decisive factor in investment decision making. In the context of global competition for mineral investment, security of tenure stands as one of the primary determinants of a jurisdiction’s investment attractiveness. The Islamic Republic of Iran, despite possessing substantial mineral reserves, has adopted a range of laws and regulations that directly and indirectly shape the security of tenure available to mining investors. The central question, however, is the extent to which this framework effectively safeguards the core elements of security of tenure. Has it, in practice, succeeded in creating a stable and predictable environment for investors?
Findings of this study—conducted using a descriptive analytical method and based on library research as well as the examination of relevant mining laws and regulations—indicate that although the Iranian legal system, through the recognition of mining licenses and the specification of their duration and scope, possesses the legislative capacity to establish legal security, several factors weaken this potential. Ambiguity surrounding the conditions for revocation or non renewal of licenses, the breadth of discretionary powers vested in administrative authorities, and the heavy dependence of investors’ rights on executive decision making collectively reduce predictability and legal stability. This demonstrates that security of tenure in Iran is influenced less by stable and foreseeable regulatory practices and more by the interpretation and implementation of those regulations.
کلیدواژهها [English]
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