النظام القانوني لعقود الاستثمار الأجنبي

Abstract EN

Investment contracts are one of the contracts which intended to be a propeller of the state economic development, the state in this equation appears as a party of the contract alongside with a natural person or a legal entity and this is the main distinction of these contracts type which are based on an unequal relationship between the contracting parties.

Facing the extremely important role of these contracts in achieving the desired development of the underdeveloped countries, the issue requires a study of the basic lineaments and characteristics of these contracts and to identify the special relationships that binds its parties, as well as to determine its legal nature which require approval of a treatment who fit with its singularity by showing the most important modality were the contracts appears under ,and the most important criteria that can be relied upon to the take the attributive of international status .

Based on the previous introduction the question that arises between the lines of this study is reflected on: How can the state which possesses sovereignty and authority maintain its position as an exclusive sovereign party side by side with someone who lacks sovereignty and power features?