دور القضاء الإداري في المنازعات الاقتصادية : دراسة مقارنة

الملخص EN

This paper argues that in response to the new economic reform policy of Iraq launched in the last decade, the Iraqi Council of State should have exclusive jurisdiction over administrative and economic disputes.

The Council of State, in terms of its role as advisory division advising the government and parliament, and its role as the highest administrative court, could have a major role in improving governance and other regulatory practices of the state.

With a view of taking this analysis further, it examines to what extent this role of the Council of State could ensure faster and less costly settlement process of investment disputes in comparison to international arbitration on one hand, and to meet the developmental needs of the country on the other.

This study focuses on the way economic and administrative disputes with investors are currently dealt with under the Iraqi law as there are no administrative courts with general jurisdiction over economic disputes.

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It specifically looks at the way the role of the council of State may contribute to the reform policy.

In this context, this paper suggests a number of elements for settlement between investors and the state.