Inconsistencies between Iranian Laws and the Energy Charter Treaty

Inconsistencies between Iranian Laws and the Energy Charter Treaty are mentioned below:

🔹️Article 11 of the Energy Charter Treaty (Entry of Employees of Foreign Investors) ➡️ Conflicts with Article 82 of the Constitution and Article 3 of the Law on the Maximum Utilization of Domestic Technical, Engineering, Industrial, and Executive Capabilities.

🔹️Article 5 of the Energy Charter Treaty (Domestic Share in Projects) ➡️ Conflicts with the Law on the Maximum Utilization of Domestic Capabilities.

🔹️Articles 26 and 27 of the Energy Charter Treaty (Dispute Settlement through Arbitration) ➡️ Conflict with Article 139 of the Constitution and Article 19 of the Law on the Promotion and Protection of Foreign Investments.

🔹️Articles 10, 12, 13, and 14 of the Energy Charter Treaty (Political Risk Insurance) ➡️ Conflict with Article 9 of the Law on the Promotion and Protection of Foreign Investments.

🔹️Article 7 of the Energy Charter Treaty (Transit) ➡️ Conflicts with Note 2 of the Law on the Regulations of the Transit of Foreign Vehicles (1994).

🔹️Article 10 of the Energy Charter Treaty (Non-Discrimination Principle) ➡️ Conflicts with Paragraph (b) of Article 6 of the Law on the Adjustment of Certain Regulations for the Facilitation of Industrial Modernization, and the Amendment to Article 113 of the Third Development Plan Law.

🔹️Failure of the Energy Charter Treaty to address specific form of ownership of natural resources ➡️ Conflicts with Paragraph 8 of Article 43 of the Constitution.


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