فعالية التعويض الدولي في حماية ملكية المستثمر الأجنبي

Abstract EN

Compensation is one of the legal guarantees that protect the property of a foreign investor from the risks that may affect him during the investment process, especially those related to procedures unilateral that exercised by the host state in the frame of its national sovereignty as expropriation, confiscation ,nationalization, and the discriminatory procedures.

the compensation is considered as no disagreement right about its legality according to the principle of rights acquired and the principle of unreasonable enrichment in addition to the principle of contractual responsibility, as it is recognized as internationally binding according to what has been approved in most of the recommendations and international charters issued by international organizations also in the different collective treaties of investments, which plays an important role in this field given the private details of the compensation rules as its conditions , appreciation and even the way of payment in order to ensure the protection of the foreign investor's fund.