The Condition of Legal Stability in State's Contracts (A Preventive Means to Avoid Investment Disputes )

Authors

  • Shadi Jameh Tishreen University
  • Ali Kafrouni Tishreen University

Abstract

The state declares its economic and investment policy through adopting a special law. The condition of legal stability arises to reflect quite apparently the safe and stable investment environment in the host state. However, as a natural outcome to the inequality of the investment contract parties (a sovereign state and a special person with no independent sovereignty), disputes could appear in the stage following concluding the contract, that may quite often be attributed to the effective dominance of state sovereignty over its territory. Here, the condition of legal stability plays a significant role in guaranteeing that the state performs no legal adjustment that could cause commitments or negatively affect the rights of the foreign investor as the second contracting party.

 

 

 

 

 

 

Author Biographies

Shadi Jameh , Tishreen University

Assistant Professor, Department of International Law

Ali Kafrouni , Tishreen University

Postgraduate Student (Masters), Department of International Law

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Published

2021-11-17

How to Cite

1.
جامع ش, كفروني ع. The Condition of Legal Stability in State’s Contracts (A Preventive Means to Avoid Investment Disputes ). Tuj-econ [Internet]. 2021Nov.17 [cited 2024Nov.25];43(5). Available from: https://journal.tishreen.edu.sy/index.php/econlaw/article/view/11114

Issue

Vol. 43 No. 5 (2021): Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

Section

Master student researches

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