المسؤولية الدولية للدولة في إطار الاتفاقيات الدولية لحماية و تشجيع الاستثمار

الملخص EN

Investment agreements give rise to a set of rights for foreign investors "conventional rights" and in return a set of obligations for the host state, which must be respected and not compromised, except where the latter is considered responsible for all damages affecting the investor, it will therefore bear the related financial compensation, which engages the responsibility of the State.

The determination of the State's responsibility in the event of violation of the terms of the investment agreements is conditioned by the recourse to the provision contained in these agreements concerning the settlement of disputes arising from the investment, in this case arbitration.

as the most important and most frequently used provision.

Despite the great success of investment agreements during the 1990s in attracting foreign direct investment (FDI), many international players are now calling for their review and modification, taking into account the limits they present.

Indeed, these investment agreements are seen as unbalanced and tend to respond to the concerns of the foreign investor to the detriment of those of the state.

Likewise, it is deplored that the State occupies, in these agreements, a lower rank than that of the investor, given that the simple signature and ratification of these agreements entails the extinction of the judicial immunity enjoyed by the State.

, not only before international courts, but also before its national courts.

In addition, these conventions contain provisions which consider that arbitral awards are final and enforceable.

So what are the limits of state responsibility in investment agreements and to what extent these agreements have struck a balance between creating a favorable climate for foreign investors and preserving the public interest? the host country and its right to adopt its public policies?