الحماية الدبلوماسية للاستثمار الأجنبي المباشر

Abstract EN

Nowadays, all countries are in a real race to attract foreign investment, and this is because of the fundamental change in prevailing political concepts, but rather the significant increase in the need for countries to external financing at a time when savings rates are declining globally and funding sources are decreasing.

However, due to the special nature of the investment and the multiplicity of its parties, it is natural for disputes to arise between the host country and the foreign investor, which naturally requires means for its settlement.

Amongst the guarantees granted to the foreign investor in the event of damages committed by the host country, and he is not able to obtain his rights from them using ordinary legal means, what is known as the case of diplomatic protection.

Considering that the foreign investor does not have the right to file a lawsuit against the host country in international courts, after exhausting domestic appeals methods, due to the lack of recognition of his international personality, in front of this situation, international law recognized the right to diplomatic protection, which allows his country of nationality to defend His rights before international courts.

Key Words: Foreign investment; Diplomatic protection; International responsibility; International LAW.