Foreign investment guarantees under Law No 16/09 related to investment promotion

Abstract

Foreign investment is considered as one of the most important pillars for achieving economic development in countries of the world and especially developing ones, through what the foreign investor provides to the country hosting the investment from capital to the contemporary technical, administrative and technological expertise.

Therefore, Algeria sought to attract investments approved by the Constitutional Amendment of 2016 under Article 43 thereof, "Freedom of investment and trade is recognized and practiced within the framework of law", by providing the appropriate investment climate, which was embodied with the issuance of Law No 09/16 related to investment promotion, which establishes several objective or procedural guarantees that assure legal and economic security for the foreign investor.

 The problematic of the study is reflected in stating the effectiveness of the guarantees approved by Law No. 16/09 in attracting foreign investment? And that is by dividing the subject of study into two axes as follows: The first axis: the objective guarantees directed to foreign investment, the second axis:
 the procedural guarantees directed to foreign investment.

 We concluded that the Algerian legislator has approved several guarantees in line with international agreements and bilateral and multilateral treaties, such as ensuring equality between investors, ensuring the transfer of the investor’s capital, ensuring legislative stability, and also ensuring resorting to international arbitration, all of this in order to create an appropriate environment of investment to attract foreign investors and achieve national economy’s growth.