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ضمانات المستثمر الاجنبي وحوافزه في التشريع العراقي : دراسة مقارنة == The Guarantees And Incentives Of The Foreign Investor In Iraq Comparative Study
Author name:
رسل باسم كريم الحسيني
Supervisor name:
حيدر وهاب عبود العنزي
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1474 - p.pdf
Abstract:
يشهد العالم في العصر الحاضر تحولات عميقة في ميادين شتى ابرزها التحولات الاقتصادية وما لحقها من تطورات قانونية القت بضلالها على واقع التعاملات الدولية، فمما لا جدال فيه ان عقد الاستثمار الاجنبي يعد اكثر العقود شيوعا وانتشارا وتزداد اهميته يوما بعد اخر | The world is witnessing in the present age of profound transformations in various fields, notably the economic transformations and next of legal developments on the reality of the international trading case, it is the irrefutable that the foreign investment contract is the most common and widespread of contracts and increasingly important day after day, and represents the investment one of the main elements that underlie economic development in different countries, and that the various advantages offered by foreign, especially from the recipient country to invest that.Most countries of the world, particularly developing ones, and seeks to encourage foreign investment, and through the issuance of domestic legislation gives foreign investment more advantages and exemptions and facilities and provide them with many of the guarantees, but there no doubt if there is sufficient protection for foreign capital and being of a convenient way to settle disputes and compensation for damage, is one of the fundamental factors in creating a good atmosphere for the success of the investment. And despite the fact that Iraq is one of the developing countries that need significantly to foreign investment because of the circumstances in which it passed and for its economy and institutions and infrastructure ruined for decades, the flow of foreign investments which did not flow significantly in 2003 because of the nature of the ruling political system and economic, and the lack of effective legislation to attract foreign investment, and encourage and ensure its success, and the political and economic change that has happened in Iraq after the year 2003, which was accompanied by violent events that led to harm sectors and public departments in the country, and the inability of the Iraqi economy to promote its own requirements of economic development has increased the need to attract foreign investment to contribute to this development.For the importance of foreign investment and the capital of an important role in the transfer of modern technology to contribute to the process of economic development and job creation, the Iraqi legislator feel to this urgent need for foreign investment he issued the Iraqi Investment Law No. 13 of 2006. Which became effective on 17/1/2007. But what if the commencement of this Act to access quickly emerged disadvantages, have resorted to the Iraqi legislature amended and that the issuance of Law No. (2) for the year 2010, which is called the first amendment to the law of the investment law.Search requests that the subject has been divided into two classes before it study introductory we approached the concept and types of foreign investment in the first requirement, the second requirement for the holding of the legal nature of the investment, while the third requirement we appear investment evaluation. The first chapter we dealt with the foreign investor guarantees and the fact that relevant aspects of the safeguards different legal and nature has necessitated it to be considered objective guarantees first , material first section of this chapter, and a complement to discuss these safeguards have been allocated to the second section to review the most important procedural safeguards. The second chapter dedicated to a statement incentives granted to foreign investors in the first two sections of them financial incentives granted to foreign investors, while the second section for non - financial incentives (fundamental) granted to the foreign investor.The researcher found to many of the conclusions and proposals mentioned in the conclusion of the message.
