The Possibility of Applying Protecting Standards in Portfolio Investments

Darab Pour, Mehrab; Mousavi Abdol Abadi, Seyed Mohammad Mahdi

doi:10.48308/eclr.2023.230940.1017

The Possibility of Applying Protecting Standards in Portfolio Investments

Document Type : Original Article

Authors

Mehrab Darab pour ¹

Seyed Mohammad Mahdi Mousavi Abdol Abadi ²

¹ Department of International Commercial Law, Faculty of Law and Political Science, University of Shahid Beheshti, Tehran, Iran.

² Ph.D Candidate in oil and gas law at SBU

https://doi.org/10.48308/eclr.2023.230940.1017

Abstract

Protection of foreign investment is a useful instrument for foreign investors and host states. Strong protection for foreign investor attracts more investors and causes economic growth and development of host state and foreign investor gains more profit by increasing his capital. Foreign investment protection standards are considered as a requirement for the foreign investor to claim compensation in case of violation by the host state. In portfolio investment, according to the differences between this type of investment and foreign direct investment, special protections are required because a collection of protective standards applying in direct investment including full protection and security standard are not applicable in portfolio investment due to its specific characteristics. Therefore, it is necessary to apply standards which are useful and efficient. Some of these specific standards are mentioned in this Article. In Iran's legal system, the Executive Directive of Foreign Investment in Stock Exchange and OTCs addresses the protection of portfolio investor in brief, which does not provide sufficient protection for foreign investor.

Keywords

Foreign Investment

Portfolio Investment

Protection of Foreign Investment

Protective Standards

Securities

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