نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته مقطع دکتری رشته حقوق عمومی دانشگاه عدالت، تهران، ایران.
2 عضو هیأت علمی گروه حقوق خصوصی دانشگاه علوم قضایی و خدمات اداری، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Foreign investment means the use of foreign capital in a new or existing economic enterprise beyond the national borders, which is a means of achieving economic growth and development, and which is used by developing or underdeveloped countries to finance their economic activities. take Today, foreign investment is considered as one of the types of human rights, along with the right to development. International documents refer to the right to development as an undeniable right along with other types of human rights and oblige governments to strive to facilitate the achievement and realization of this right. One of the challenges facing foreign investment in Islamic countries, including Iran, is the intersection of this important principle with the rule of negation. The current research, using library sources and descriptive-analytical method, aims to answer this basic question, which is the priority in case of conflict between the prescription of foreign investment in order to realize the right to development with the rule of negation of the mustache? The writer believes that because the ruling mentioned in verse 141 of entered; It is not possible to give permission for foreign investment based on the right to development, the result of which is foreign and non-Muslim domination over the destiny of the country. The rule of negation of the mustache is a rule in which expediency has no way, and it is always the primary principle that governs all contracts that a Muslim country concludes with foreigners and non-Muslims.
کلیدواژهها [English]
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