دور قانون الاسـتثمار في جذب الاسـتثمارات الأجنبية في العراق (( قضية المعوقات التشريعية والادارية التي تحول دون دخول رؤوس الاموال الاجنبية في الأسواق العراقية ))

Abstract

The Iraqi legislator had legislated the new Investment Law No. (13) for the year 2006 which granted the foreign investor rights which are considered sovereign monopolized by the state by itself without others , among which are : 1)The freedom of bringing in and bringing out the funds required for the investment in Iraq (Article 11/ First from the Law). 2)Complying of the commercial activity of the investment to the state of the international commercial arbitration judgment if the state of the national judgment was not excluded (Article 27 from the Law). 3)The project enjoys ,by facing the country which is hosting it (i.e. Iraq), special features some of which restrict the sovereignty such as non-confiscating the project or its nationalization partially or totally (Article 12/ Third from the Law) and non-interfering with the guarantees, exemptions and rights decided for the foreign investor according to this law ( Article 12 of it). However, the Iraqi Legislator did not plan the suitable mechanism to get benefit from the foreign funds hosted in Iraq, specifically upon the participation of the national capital for the foreign project hosted in Iraq; also it did not oblige the foreign investor to transfer the technology of his industry to Iraq. And that may seem a dangerous shortage in the legislation or a substantial default by the legislator who missed paying attention to it. And this is not correct as we will see in this research, because this legislative shortage is related to the law of the ideological ownership and not by the investment law.