“Legal risks for international investment in light of the developments of international law” “Competition – Climate Change – Cybercrime – Arbitration “
Doha El Saadany
Commercial Law - Faculty Of Law - Mansoura University
Abstract
Although most countries are taking serious steps towards creating a suitable investment climate and modernizing the legislative framework associated with this sector, they have gradually amended their domestic legislation, in order to make them more liberal and open to investments, and these legislative amendments have made these States have three principles: not to introduce new restrictions that hinder foreign investment, to reduce existing constraints, and to deal with investments on an equal footing. However, this outcome in the area of national legislation remains insufficient, as many legal obstacles continue to constrain some countries on the path to growth, namely many requirements, restrictions and licenses, as well as the decisions of the host state to arbitrarily cancel investment contracts and confiscate Nationalization, as well as legislative instability and the biased attitude of the national judiciary to the host country, as the most serious challenge facing the international investor is the lack of legal protection and adequate remedies. On the other hand, there are many legal risks facing the host country, where the host country is forced to violate the principle of equality of enterprises, where it grants the international investor many incentives to invest, while prohibiting national enterprises, affecting the state's violation of competition protection rules in Competitive market, as well as violating environmental and climate protection rules and holding the host country internationally accountable, and the host country may find itself at a discount in international arbitration in which it is unable to defend its rights as an international vulnerable party, as well as the risks of cybercrime, digitization and the knowledge economy over investment International, the total ity of these legal risks for international investment means that the share of developing countries in total direct capital flows globally is still below what is required.
Keywords
Investment, Arbitration, Climate Protection, Competition Protection
