الملخص الإنجليزي
Most countries of the world seek to develop their national economy through
attracting foreign capitals that contribute to new investment projects, for the
purpose of using their resources more effectively and efficiently, achieving
higher growth rates, raising the level of production and increasing exports to
other countries. Therefore, these countries compete to create an environment
which attracts foreign investors searching for concessions and guarantees
against non-commercial risks, as well as to overcome unnecessary
administrative and procedural obstacles, taking into account not to violate
national goals.
The strength of local legislation related to investment and the incentives and
guarantees provided by this legislation to foreign investors is one of the most
prominent factors which encourage foreign capitalists to invest directly in such
countries. Therefore, this purpose of this thesis is to examine the incentives and
guarantees stipulated by the Foreign Capital Investment Law issued under the
Royal Decree No.50/2019 which brought new provisions that require to be
examined and that the extent of its attractiveness to foreign investors shall be
tested, in terms of the incentives included in this law and the guarantees under
which the rights of investment projects are guaranteed to be protected.
In accordance with the division made by the legislator, this research has
been addressed in three chapters: introductory chapter which helps
understanding the terms of the subject of study, such as the concept of foreign
direct investment and discrimination between it and other types of investments,
a chapter about incentives of the foreign investment project, which examines
the advantages provided by the legislator to such projects and measures the
extent of their attractiveness to foreign investors, and the last chapter which
addresses the guarantees of the foreign investment project, which addresses
the extent of their sufficiency in providing legal protection for the assets and
rights of foreign investors.
Because this law is recent, we did not find scientific references examining it,
so different means were used in some Arab references to explain other
investment legislation, along with local references that examined previous
foreign capital investment laws, and Arab and foreign scientific articles, as well
as laws and agreements, and then analyze and compare them, in order to find
out the objectives of this research.