Iura Novit Curia Principle as a Basis of Environmentalization of the ICSID

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor,International Law, Faculty of Law and Political Sciences, University of Mazandaran, Babolsar, Iran

2 Master Student of International Law, Department of Law and Political Science, University of Mazandaran, Babolsar, Mazandaran, Iran

10.22034/law.2024.60260.3360

Abstract

The increasing role of the International Centre for Settlement of Investment Disputes (ICSID) as an international tribunal of investment disputes settlement, has raised new issues regarding the scope of authority of this arbitration institution. One of these issues is the principle of Iura Novit Curia or court knows the law, which is primarily used to explain the authority or obligation of tribunals to interpret and apply rules independent of the parties' statements. As this principle is not explicitly established in the rules and procedures of many international organizational arbitrations, including ICSID, there are questions and challenges due to its application by these tribunals This article attempts to analyze the approach of ICSID to the court knows the law principle, and demonstrate its capacity for arbitrators to invoke to national and international environmental regulations. The finding of this article is that in the scene of increasing importance of environmental considerations in investment, creating a balance between "protecting the principles of arbitration, especially the will of the parties" on the one hand and "protecting of public interests (environmental)", on the other hand, requires the awareness of ICSID to achieve this goal by adopting procedural positions and applying principles such as the principle of the Iura Novit Curia. Such approach is not only considered as a violation of the framework of the tribunal's authority, but also it keeps the award safe in recognition, enforcement and annulment before the national courts, it will strengthen the legitimacy of this institution and increase public trust.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 12 November 2024

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