Date of Defense

17-4-2024 3:00 PM

Location

H2-0012

Document Type

Dissertation Defense

Degree Name

Doctor of Philosophy in Private Law

College

College of Law

Department

Private Law

First Advisor

Prof. Emad Dahiyat

Keywords

FDI, Adequacy of FDI guarantees, Technology transfer

Abstract

The great economic competition between countries, and their endeavor to strengthen their economy through various fields; Make them compete with each other in attracting foreign direct investments to their territories; However, these investments cannot move from their home country to another country without having economic advantages and incentives that encourage them to invest in a country other than the home country. Likewise, these investments cannot carry out their work in any country without having the investor has many guarantees that protect this investment, and these guarantees can only be achieved through the presence of a strong, renewable legislative environment that keeps pace with global changes and ensures the preservation of capital coming into this country. So that these funds are not subject to any confiscation by the state that is distressed by this investment, in addition to providing a competitive environment free of any favoritism and characterized by clarity and transparency. On the other hand, the countries hosting foreign direct investment are trying - through their legislation - to balance between supporting the investment and maintaining economic security and state sovereignty, by codifying the investment process in some areas of a sovereign nature for the state. As such, this study aims to address the adequacy of the guarantees established by the Emirati legislator for the foreign investor, and examine the extent to which the Emirati legislation strike a balance between the interest of the investor through guarantees and incentives, and the interest of the state by ensuring the transfer of technology and providing job opportunities

Included in

Law Commons

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Apr 17th, 3:00 PM

THE ADEQUACY OF FOREIGN DIRECT INVESTMENT GUARANTEES - A CRITICAL ANALYTICAL STUDY IN ACCORDANCE WITH THE PROVISIONS OF FEDERAL LAW NO. (32) OF 2021

H2-0012

The great economic competition between countries, and their endeavor to strengthen their economy through various fields; Make them compete with each other in attracting foreign direct investments to their territories; However, these investments cannot move from their home country to another country without having economic advantages and incentives that encourage them to invest in a country other than the home country. Likewise, these investments cannot carry out their work in any country without having the investor has many guarantees that protect this investment, and these guarantees can only be achieved through the presence of a strong, renewable legislative environment that keeps pace with global changes and ensures the preservation of capital coming into this country. So that these funds are not subject to any confiscation by the state that is distressed by this investment, in addition to providing a competitive environment free of any favoritism and characterized by clarity and transparency. On the other hand, the countries hosting foreign direct investment are trying - through their legislation - to balance between supporting the investment and maintaining economic security and state sovereignty, by codifying the investment process in some areas of a sovereign nature for the state. As such, this study aims to address the adequacy of the guarantees established by the Emirati legislator for the foreign investor, and examine the extent to which the Emirati legislation strike a balance between the interest of the investor through guarantees and incentives, and the interest of the state by ensuring the transfer of technology and providing job opportunities