حماية الاستثمار الأجنبي من نزع ملكيته في ظل الاتفاقيات الثنائية

الملخص EN

A foreign investor may be exposed to non-commercial riskby the host state of investment that may expropriate forcibly the foreign investor ownership, and this is what worries the foreign investor and weakens his guarantee in the investment.

The existence of such measures is an indicative of the non-favorable climate for investment, and the action of expropriation at the same time by the host state of the investment is a part from sovereignty of the state, so it must be there agreement between the right of state in expropriation of ownership, and the protection of the foreign investor from such measures.So, bilateral conventions have been put to encourage and protect foreign investment, which are the most effective means of domestic legislations and collective treaties to protect investor and achieve a balance between the two principles.

These bilateral conventions have acknowledged for the state the right to expropriate the foreign investor ownership according to terms; Expropriation of ownership should be for the public interest, without discrimination, and in return for fair compensation to ensure and protect the right of the foreign investor.