شروط الثبات في العقود الإدارية كضمانة لجذب الاستثمارات الأجنبية

Abstract EN

The conditions of stability play a large and important role in the process of attracting foreign investments.

It seeks to provide absolute protection to the foreign contractor throughout the contract and trust in his investment projects through the commitment of the State to refrain from compromising the contractual balance and changing the contract with its individual will on the one hand and on the other Make sure that no amendments or changes to the contract are made by the national law.

Subsequently we need to shed light on the nature of these conditions and the legal basis from which their legality and effectiveness are derived in maintaining the stability of the contractual relationship between the foreign investor and the state.

Can these conditions affect the legislative sovereignty of the State and its privileges as a public authority in the contract? In the course of the study we have reached the need to include alternatives to stability conditions such as review, renegotiation or penalty condition in the event of changing the conditions of the contract, where these conditions achieve more guarantees in attracting foreign investments where the investor would prefer to include the contract conditions to be compensated in case of breach of state obligations Rather than include in the contract conditions that restrict the State's authority to change its contracts or laws.