Understanding the concept and Status of "Due Diligence" in international investment law

Document Type : Original Article

Authors

1 PhD, Faculty of Law, Mofid University, Qom, Iran

2 Associate Professor, Faculty of law, Mofid University, Qom, Iran

Abstract

Today, due diligence obligations have a special significance and undeniable role in international law. One of the first and most important fields of emergence of these obligations can be considered international investment law. This study attempts to locate the position of due diligence in international investment law and examine the protective obligations of host state in the light of this overarching concept and furthermore to establish the obligations flowing from due diligence on foreign investors jurisprudence with reference to arbitral tribunals.

This article concluded that due diligence standard serves as a general obligation to impose a duty on the host state to protect foreign investment and at the same time it puts a duty on foreign investor to conduct responsibility to strike a balance between the interests of both sides. As a result, there is no field in international investment law in which due diligence has no role to play.

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History

  • Receive Date: 14 July 2023
  • Revise Date: 02 February 2024
  • Accept Date: 24 February 2024

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