المعوقات القانونية للاستثمار الأجنبي في العراق وسبل معالجتها وفق قانون الاستثمار رقم (13) لسنة 2006 المعدل (دراسة تحليلية)

• Main Author: Mahmood Shaker Abood
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2019
• Subjects: concerned bodies
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/17512

Foreign investment has been admittedly considered as a necessity in the contemporary world. This is due to the role it plays in the flow of capitals, technology, infrastructural development and provision of employment opportunities in the host countries. Due to its importance and contribution to the economic development, the researcher has explored the foreign investment law operating in Iraq (No.13, 2006) and other related laws, foreign complexities, as well as legal and administrative obstacles facing foreign investment in the country. In order to get a tangible result, inductive and descriptive analytical methods are adopted. The researcher explained the concept of foreign investment, its kinds and importance. He analyzed some obstacles associated with the laws of joint-venture ownership and the insurance laws like nationalization, expropriation and other procedures adopted by the country according to its sovereign function. The study also dealt with the impediments to the foreign investment regarding the financial laws, what relates to an illegal competition and protection of ownership rights, and how to tackle those impediments. In the same context the study discussed the foreign investment obstacles in the administrative laws such as the administrative complexities, owning real estates and disposition it. Finally, the study concluded with some outcomes, namely, there is a need to make legal provisions and insurances responsible for supporting the investor; Relieving the foreign investor of misgivings from those legal procedures or lightening their strictness, as meant for the ordinary city dwellers or dependent city dwellers; Lack of protection law of investment and intellectual property law as well as not joint the International Convention due to reduce the amount of foreign investor to Iraq. Therefore suggestions through this research to be considered by the concerned bodies, in order to attract investment and promote the status of the nation without extremism and laxity.