درخت حوزه‌های تخصصی

Today the world is tackling climate change and simultaneously needs to overcome growing energy security challenges. The transition to renewable energy is known as the key strategy for reducing carbon emissions and ensuring energy security. However, not all countries access the required finance and technologies to successfully and sustainably deploy renewable energy projects. Therefore, they seek to attract foreign investment and technology. A growing number of governments are adopting incentives to compete in this field and create a more favorable investment atmosphere. The granting of investment incentives lies within the realm of national legislation which is susceptible to revocation by the host States. This exposes foreign investors to several risks as no State is bound by its unilateral commitments and the change or withdrawal of pro-foreign investment policies by the host States is a mere exercise of their sovereignty. As International Investment Agreements (IIAs) were primarily drafted to promote and protect cross-border investments against unfair and discriminatory treatments, it is interesting to know their current approach to investment incentives and assess its implications for renewable energy investments. Adopting a qualitative approach, this research aims to clarify this issue by defining investment incentives and shedding new light on the relevant clauses in IIAs that can better contribute to the protection of renewable energy investors’ interests. Findings suggest that harmonizing investment incentives by including them in IIAs has not been on the agenda so far and IIAs seldom contain renewable energy-related incentive provisions. Therefore, this research points out the relevant provisions that can better accommodate the renewable energy investment needs.

Marine noise pollution has emerged as a critical environmental challenge in international law, posing serious threats to marine biodiversity, particularly to noise-sensitive species such as marine mammals, fish, and invertebrates. The increasing industrialization of the seas, driven by activities such as commercial shipping, military sonar operations, offshore energy exploration, and deep-sea mining, has significantly intensified underwater noise pollution. This phenomenon disrupts marine life by interfering with communication, navigation, reproduction, and feeding patterns, ultimately affecting ecosystem stability. This study examines the role of international conventions in addressing marine noise pollution, with a particular focus on domestic legislation in the Islamic Republic of Iran. The main research question seeks to determine how international legal frameworks regulate marine noise pollution and to what extent Iran’s national legal system aligns with these global standards. The research hypothesizes that while international conventions, particularly the United Nations Convention on the Law of the Sea (UNCLOS) and related environmental agreements, provide general legal principles, they lack effective enforcement mechanisms. Consequently, the absence of specific, binding global regulations necessitates stronger national implementation measures. A qualitative methodology is employed, relying on doctrinal legal analysis and comparative studies to assess international legal provisions and domestic regulations. The study reviews primary legal sources, including treaties, judicial decisions, and national legislation, alongside secondary sources such as academic literature, policy reports, and expert opinions. The findings reveal that while various international instruments recognize marine noise pollution as a threat to marine biodiversity, they lack precise and binding regulations for its prevention and mitigation. UNCLOS, for instance, sets general obligations for states to prevent marine pollution but does not explicitly define marine noise as a pollutant, leading to legal ambiguities in enforcement. Similarly, agreements such as the Convention on Biological Diversity (CBD) and the International Maritime Organization (IMO) guidelines provide recommendations rather than legally binding measures. At the national level, Iran’s environmental legal framework incorporates general provisions for marine environmental protection. However, it does not specifically address noise pollution in marine environments, leaving a regulatory gap. Given Iran’s strategic maritime position and extensive coastline, the absence of specific noise pollution regulations poses challenges in fulfilling its international obligations. This study concludes that the mitigation of marine noise pollution requires a multifaceted approach, combining stronger international legal instruments with enhanced enforcement mechanisms and more robust domestic policies. Effective legal frameworks should incorporate mandatory noise reduction measures, stricter environmental impact assessments, and clear liability rules. Additionally, strengthening regional cooperation, fostering scientific research on noise pollution’s impact, and integrating global best practices into national legislation are essential steps. Iran, as a key maritime state, would benefit from adopting specific laws addressing marine noise pollution and aligning its domestic legal system with international environmental standards.