الضمانات القانونية للمستثمر الاجنبي في الجزائر

Abstract

Foreign investment plays an important role in achieving economic development for developing countries because it has several advantages and forms that lead to the main objective which is the economic growth of the host country. But this can only be reached with a good investment climate free of all kinds of obstacles. In order to ensure the success of this, the Algerian legislator reviewed the internal laws through the issuance of Law 16-09 on investment promotion. This law includes more effective guarantees and ratification of Algerian international treaties and the conclusion of bilateral and multilateral agreements. Though resorting to the national judiciary of the host country in investment in a way that fits its sovereignty, it does not insist on making it the only judicial instrument for resolving and settling investment disputes but rather approving on going to international commercial arbitration as it is more protective, independent and effective. These guarantees given to foreign investors to create a climate of investment are not enough because foreign investors take into account the overall environment of investment. Despite the great reforms made by the Algerian legislator recently to join the World Trade Organization and the efforts to reach a good investment climate, it is highly recommended to make an overview within the overall perspective of the reforms to be carried out, to move to the completion of the final transition to the market economy.