English abstract
Regulation in the field of the investor activity expresses all types of state's
intervention by the mechanisms and the means that affect the investor's
conduct in directing his investment activity which are designed to achieve the
public interest, and includes imposing restrictions on the regulated activity, and
guarantees to encourage this activity as well.
However, the recognition of the sovereign right of the state to regulate the
activity of the investor is what encircles it with a set of rights and duties, the
most important of which is its commitment to the balance between the
principles that guarantee the rights and freedoms of the investor, and the
constitutional principles that guarantee the protection of the public interest, and
in the process of this regulation it bears the responsibility to achieve the balance
that guarantees the protection to both the rights of the investor and the public
interest. And that the conflict that may arise between the state's exercise of its
authority in the regulatory field for achieving the public interest and the impact
of the investor's rights and the stability of his/her investment project is what
necessitates the search for means that set the balance to stabilitate the various
interests in determining and balancing the public interests that appear in the
state's intervention to protect the public interest and the private interests that
appear in the interests of the individuals affected by this intervention, who are
the investors in the field of this study.
The importance of this study revolves around dealing with the limits of
the state's exercise of its authority in regulating in order to achieve the public
interest as the ultimate goal pursued by each state according to the authority
available to it in issuing legislations regulating investment, as well as stating
the content of this public interest in the regulatory activities related to the
investor, and the means that it resorts to in order to achieve its public interests,
some of which meet the interests of the investor and support the protection of
his/her investment, and others that may conflict with his/her interests, and
determining the means that achieve the balance between the state's exercise of
this authority and the protection of the investor's rights, whether those related
to the contractual relations to which the state is a party with the investor, by
stating the conditions that can be included in these contracts and studying their
effectiveness in achieving this balance, and the consequences of violating them.
The theoretical importance of the study also appears in identifying the means
the law establishes and are applied within the framework of contractual
relations or other relations in light of the absence of the investor connection
with the state by a contract.
