Activate foreign investment by enshrining the Convention guarantees in Algerian law
souad yahiaoui
Department of Law - Faculty of Law and political Science - University of Mustafa Esmbouli, Camp Algiers
Abstract
Foreign investment is one of the most important forms of long-term international capital flows, and it is now the gateway to international economic relations, making it a goal for all countries to be developed or developing. This is demonstrated by the clear competition in the pursuit of economic development at a time when the culture of globalization has dominated by the policy of adopting modern technologies, where the economy has become the greatest weapon in the balance of power. The use of foreign direct investment today is an ideal solution for developing countries to alleviate the problem of economic development, given the effects of such investments on the economic structure of the host country of investment, and foreign investment will not flow to developing countries for their own development at no cost. It finds many of its options among those aspiring to take it, and it may choose any of them. Developing countries like Algeria need to attract any investment that achieves their development hopes, only by granting foreign investments legal, economic and treaty, legal and judicial guarantees that assure the foreign investor of his coming investment project to these developing countries. One of the most encouraging guarantees for foreign investment is to allow parties to include many of the unusual conditions that are considered to be a contractual guarantee for the protection of such contracts. Where the terms of the Convention in foreign investment contracts are generally important, they are intended to protect investors from any amendments to the legislation of the Contracting State. This is why various national legislation as well as comparable international legislation have devoted a range of safeguards to the Convention in investment contracts, as well as international arbitration provisions and various international investment agreements, which are problematic How much can the Algerian legislator devote the right of the foreign investor to the elaboration of an agreement guarantee?
Keywords
Activate , guarantees, agreement, investment, law
