The Requirement of Legislative Stability and the Best Law for the Investor and their Role in Attracting Foreign Investments: A Comparative Analytical Study
Dr. Ismael Nameq
Associate Professor of Civil Law – School of Law – University of Sulaymaniyah – Iraq
This research analyses the concept and provisions of the legislative stability requirement and the best law for the investor, by adopting an analytical and comparative approach that examines both the Iraqi law, including the Kurdistan Region Law, and the Kuwaiti law. The comparison includes decisions issued by arbitral tribunals and state courts that serve the subject of this research, since these decisions are now considered one of the basics of legal jurisprudence, and each decision or stance must be analysed. The research concludes that the type of liability varies according to the requirement included in the laws, regulations, and signed contracts. In addition, the impact of liability varies according to the variation of the requirement and the reasons of the breach. The research suggests replacing the requirement of legislative stability with the best law for the investor, in certain areas of investment with specific and strict conditions and for a limited period.
Keywords: legislative policy, protection of investments, legal environment for investment, legal regulation of investment, investor.