حماية الاستثمار الأجنبي على ضوء القرار التحكيمي المؤسسي الصادر بين الجزائر و المجمع الإيطالي ليزي-ديبنتا (Lesi-Dipenta)‎

Abstract EN

Summary: The obligation to protect foreign investment on the part of the host country is not an olute obligation, but rather a specific obligation according to terms and conditions, which are often specified in the articles of bilateral agreements related to the promotion and protection of foreign investments, the latter which should not be interpreted broadly because This would burden the burden of responsibility on the host country only and unfairly, so it is necessary to verify before that in its actions, behavior and intention towards the investor before its responsibility not to provide protection.

The importance of this arbitration decision issued by the International Center for Settlement of Investment-Related Disputes, which is the subject of our comment, lies in its relevance to Algeria, as well as for its highlighting and clarification of the rules and conditions for the host country's responsibility not to guarantee protection for the foreign investor, and it also shows us the different levels of legal protection that it enjoys The foreign investor in the host country under different circumstances, such as the level of protection in normal circumstances and the level of protection in exceptional circumstances.

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