إشكاليــــة منازعـات الاستثمار الـدولي ومقتضيات إنشــاء محكمة استثمار دولية

Abstract

This study approaches the disputes of international investments and the prerequisites of establishing an international investment court. Hence, the researcher chooses to explain the topic through. The objectives problematic issues of the legal system that judges the disputes andexplain the problem relating to the two systems of transactions and protection of international investments, revealing its shortcomings, ambiguity, and contradiction. Consequently the researcher moves to explain the procedural problems of the legal system that judges the disputes of international investment in terms of the national judicial systems concerned with the settlement of the disputes of investment and implications of such shortcomings, ambiguity, variances, and contrasts, as it is not permissible for non-international individuals to appear before the systems concerned with dispute settlement relating to judicial system of the world trade organization. Then, the researcher moves to explain the problems relating to ineffectiveness of the legal system that judges the disputes of international investments, on the one hand, and the prerequisites of establishing an international investment court, explaining their social, economic, legal, and actual necessity. The researcher views that the prerequisites of establishing an international investments court are imperative, suggesting the necessity of developing the rules relating to international investment transactions and protection, and necessity of developing the procedural rules of international investment within the frame of international investment court that provides legal and procedural safety for international investment, and meets its current demands. Accordingly, the researcher enumerates impeding and helping factors of the establishing a more effective international legal body to protect international investment and gigantic projects in accord with the required international justice. Finally, the researcher explains how to establish and international investment court, its premises, legal status, authorities, and its relationship with the UN. Then, the researcher moves to the structural system of that suggested international investment court, represented in it’s headquarter and judicial departments. For necessity of carrying out the project of the international investment court, the researcher recommends its judicial domains, ways of reference, obligatory rules, the general principles of international investment law, international cooperation, claim of assistance, and finally, how to enforce the decisions of the international investment court, in addition to its consultative undertaking and the impacts of Establishing International Investment Court. Finally, the researcher concludes to many findings and recommendations, the most important of which is that the need to erase the typological and procedural discrepancies of the legal system that governs the disputes of international investment, and the need to enact an international law of investment to regulate the investment disputes and settle them according to a desired international court of investment based on a structural and legal system