شرط الثبات التشريعي في عقود الاستثمار و تقيمه

Abstract EN

Accomplishing legal sureness for foreign investor constitutes a mutual concern for both the hosting country and for the foreign investor, and both seek to reach a mutually acceptable form that accommodates their conflicting interests and facing circumstances variation that may associate contract's implementation.

The legislative stability condition represents a legal solution which helps parties to a foreign investment contract avoid the risk of changing circumstance associated with long period contracts in particular.

Despite the importance of the legislative stability condition and the legal and practical solutions it has accommodated to the protection of foreign investor and being an alluring factor for him to invest in the hosting country through establishing a sort of balance between conflicting interests in foreign investment contracts, it has not escaped criticism on many counts which has meant that it is necessary to shed light on the evaluation of the legislative stability condition in foreign investment contracts.