The effectiveness of Algerian national laws in protecting foreign investments
mohamed zakaria chikh
Law - Law and political science - Mostaganem University
Abstract
Abstract The most countries seek to achieve sustainable economic and social development, but their shortage of funds, their mis- control in technology and the lack of technical expertise in some domains prevented them from attaining this goal, which forced them to support and encourage foreign investments as an effective ways which protect the country from the risk of external loan and its negative effects. Through the national laws, especially Law 16/09 related to investment, Algeria has substantiated desire to open up to foreign investment and give it more dynamism by giving the foreign investor a set of guarantees that help him and encourage him to invest in Algeria on the one hand, and protect his rights and interests on the other hand, This includes ensuring equality between investors, ensuring legislative stability of laws, as well as guaranteeing the transfer of invested capital and its incomes, in addition to judicial guarantees that give foreign investors the right to resort to international arbitration and international mediation in the event of judicial disputes between The investor of the host country. And insofar as guarantees play a big role in attracting foreign investors and giving them greater comfort and reassurance to achieve their investments, tax incentives and administrative incentives granted to foreign investors play a role of no less importance than guarantees, as they aim in turn to encourage and protect foreign investment in order to advance the national economy. The national laws on investment, even though they appear on the surface to be ideal laws, given the guarantees, benefits and incentives they provide to foreign investors with the aim of developing the national economy, but the practical reality highlighted many obstacles that accompany foreign investments in Algeria that would repel the foreign investor from Investing in Algeria, and this is what I will try to detail in this study. From this standpoint, this study aims to answer the problem centred on the extent of the ability of Algerian national laws to provide the necessary protection for the interests of foreign investors, and I will rely on that on the analytical approach according to a systematic plan, so that in the first topic I address the general rules for investment in Algeria and in the second topic the reality of investment The foreigner in Algeria, by addressing the guarantees and incentives granted to foreign investors under the Algerian Investment Law, as well as the obstacles and obstacles that could face them in Algeria. In this study, I ended with a conclusion, which I guarantee with a set of results that I reached in this study, and why not the recommendations that would help to create a good investment climate in Algeria that guarantees the realization of the interests of foreign investors on the one hand, and the Algerian state on the other hand.
Keywords
Foreign investment، Algerian law، protection، effectiveness
