أسباب منازعات عقود الاستثمار الأجنبي المباشر و إشكالية الحماية الدولية للمستثمر الأجنبي

Abstract EN

This article deals with the causes of disputes for foreign direct and private investment contracts, as well as the problem of international protection of foreign investors, Since the legal nature of these contracts and their implications for the rights and obligations of the particular terms and conditions agreed by the parties, gives rise to numerous disputes due to the numerous and varied causes which may bebeyond their Breach of contractual obligations, violations of contractual or host state rights, by taking unilateral measures deriving from its sovereign authority in the light of changing political, economic and social conditions, which may affect the contract of foreign direct investment and also the economic balance that organizes responsibility.

The right of the host State to take such measures is also linked to the right of supervision and control over such foreign investments and to the obligation of the Contracting State to assist the foreign investment project and to ensure adequate protection on the other hand, and faced with this problem, the different national laws compared and the international Conventions have decided to protect the foreign investor and his investment project through specific mechanisms of objective and procedural protections, I got diplomatic protection.