Promotion et protection juridiques des investissements internationaux en Algérie

Abstract

The International investment, with its both types: the Foreign Direct Investment (FDI) or the Portfolio Investment is considered as the base of development in any country, weather it is a developed, developing or an emergent country. However, these countries are requested to establish effective laws in order to attract international investors and protect them from the non-commercial risks. In this framework, the Algerian legislator has set a legislative arsenal covering all the principles of Investments and the organs that promote it as The National Agency for the Development of Investment and the National Agency of Mediation and Real Estate Control, The National Council of Investment, The One Window and all the other Fiscal and Para-fiscal privileges. Regarding the juridical protection of the international investors, the Algerian legislator has set many laws which secure the investor from the non-commercial risks, as the political instability, wars and the popular demonstrations. This protection is applied through the diplomatic instruments and the national protection, especially via the expropriation that even when it is applied in the frame of ordinary rules, the legislator provides them with the necessary compensations and secures the displacement process to their homeland. Moreover, these laws protect investors from the international side through the International Organizations like The International Centre for Settlement of Investment Disputes, The International Arbitration, The Investment Guarantee Agency, the Insurance, and through different bilateral and multilateral treaties ratified by Algeria.