Legal adaptation of international investment contracts (the B.O.T and Franchise contracts as a model)

Abstract

Practically, international investment contracts are considered one of the most important contracts in the economic field due to the development they achieve on the economies of the contracting countries. On the scientific side it is a fertile field for further study by researchers, whether economists or jurists.

Despite its importance, the legal nature of it raises a wide jurisprudential controversy, and then it was clarified what it is and on what basis it was granted the international character, and the description of these contracts was addressed by including the jurisprudential definitions and the definitions of international law for them. Even from the judicial side, to reach a definition of its conceptual framework.

The legal adaptation of this type of contract requires addressing the jurisprudential debate raised about it as administrative, commercial, civil or private contracts, then ighlighting the standard applied in staining them with an international character, starting with the economic and legal standard, then combining them into the double standard between them to conclude In the end it is about preferring someone.

The most prominent models of international investment contracts is not neglected, which are the public works contract (The B.O.T) and the franchise contract.