“Protection of foreign investments in the light of international agreements and laws”
Rania Enany
International Law - Faculty of Law - Ain Shams University
Abstract
International trade is usually done as a result of global specialization. In this regard, foreign direct investment can be seen as one of the means through which specialization is achieved, and as a result the trade expands both in the export or import aspect. Hence, foreign investment plays a great role for the foreign investor or the host country, and therefore it ultimately serves the interests of all if it is made within the limits that are prevented without arbitration by any party in seizing the return from it. This is what highlights the importance of foreign investments, and consequently the resulting effects, whether these effects are positive or negative effects; and because foreign investments are the basis of the economic system of some countries, they also play an important role in the international field and The phenomenon of globalization, With its implication in increasing FDI inflows. Accordingly, the United Nations Declaration on the Consideration of the Right to Development as a Human Rights to which other human rights are linked, Establish an important obligation on states to create conditions for individuals to have equal opportunities in accessing development resources and to benefit from the fruits of development, and the free effective participation of all concerned in taking decisions related To be transparent. However, due to the weak legal systems in some countries and its ineffectiveness, which may hinder the flow of these investments, exposes it to many risks This led the international community to find appropriate means to protect these investments. It can be said that the distinctive characteristics of the rules for the protection of foreign investment in international law are mainly due to the nature of the mechanisms adopted by international law in establishing, amending and abolishing these rules It differs radically from what is prevalent in the domestic legal system The sole will of the state is to amend and repeal its legislation And its authority to take whatever measures and procedures it deems necessary, we find broad and unrestricted except within certain limits imposed by the internal legal system. While its will and power are bound by many international obligations, it makes states accountable in the event that foreign investment is harmed. Even if its procedures do not constitute a violation of internal law. The importance of the research that we will analyze is based on a set of bilateral regional agreements as well as collective agreements and international laws that have been established to encourage and protect foreign investment. We have relied in this research on the descriptive analytical approach to the facts of bilateral agreements between many countries and the protection that international laws have included in order not to prejudice these investments. The problem of this research revolves around the extent to which international agreements and laws contribute to protecting foreign investment on the basis of an international commitment between the two countries, whether that hosts or exports to it, through two topics, as follows: The first topic: "Protection of foreign investments in light of bilateral agreements" The second topic: "Protection of foreign investments in the light of international laws"
Keywords
"Protection of foreign investments in the light of international agreements and laws"
