Foreign Investment between The Protection of International Law and National Protection

Abstract

Basic investments are considered one of the most important pillars that countries rely on to drive the wheel of economic development, so they resort to providing guarantees to attract foreign capital. Since long-term investment contracts have actually lasted long, in light of the cohesion of the founding state in subjecting these investments to its legal system, which allows it to be unsure and hesitant to invest its financing, especially with legal researchers for the parties to the contract, as the state, on the one hand, seeks to achieve its general goals and is keen to exercise its sovereignty, while foreigners aim to achieve personal goals. For this reason, the international community is actively engaged in combating the state of doubt, as the specific requirements for contributions to protect foreign investments such as countries rushed to partner between and collectively to finance these investments, then emerged in long-term guarantee contracts as an effective mechanism to provide the necessary protection. However, the national work on encouraging the framing and regulation of the presence of foreign investment is still limited and useless in the absence of a special framework for some individuals who agree with their needs from foreigners, so it is no longer good to approve and will be laws and regulations that encourage the influx of foreign investment, as it is known that the owner of his capital is by nature "cowardly", not investing in an adventure that is not well thought out, and there are many researchers who doubt the credibility of countries in developing countries, these laws that are described in the majority as hesitation seek to provide a partial investment base and the authority of the state's region and its sovereignty, and they were able to listen to the problem of the first research, in an attempt to identify this multi-party dialectic, as it attempts to clarify what the monitoring of countries has provided in terms of controlling the individual protection of the foreign investor, and the extent of the impact and the nature of the outcome in addition to the bilateral international and collective agreements dealing partially directly or indirectly with the subject of international investment.