معلومات المقرر

           Ministry of Higher Education and Scientific                 

Research

University of Echahid Hamma Lakhdar

At El-Oued Province

Faculty of law and political science

*2^nd year Masters in Business Law

Option: Investment Law

 Course Description

This course focuses on the nature of the Algerian Investment Law, its extent and field of application, the legal guarantees offered and granted to the local and foreign investors in order to protect the investment act and capital, as well as the benefits and conditions of capital investment return, capital external transfer, the right to recourse to international dispute settlement bodies, as well as the right to recourse to the national justice system

It also analyzes the legal aspect of the elimination of investment risks through legal means

As a prelude, it discusses the conceptual framework of the legal structure of investment

Then it looks to the national bodies and entities authorized to govern investment, such as the national investment board and the Algerian investment promotion agency

Then the course tries to discuss the Algerian investment motivational system by sector, region, structure, and the granted benefits and advantages listed by the different titles of exploitation

Course content

Investment is the most powerful instrument for a nation’s economic growth and prosperity, contributing to achieving integrated and sustainable development by implementing a strong legal investment framework purpose-oriented to create a real investment climate and to encourage national and foreign investors and project owners to enter the unlimited world of finance, business, and entrepreneurship

To create an appropriate business environment and a more attractive investment climate, the national investment policies ranged between an administrative restriction of investment freedom and deep interference in directing the business climate since the first investment code of 1963 until the last investment, 22–18, related to the investment, which is characterized by establishing mechanisms that could attract big-pocket investment within an international economic situation suffering from recession and disputes over resources

So the main purpose of the investment law is to delimit a state’s rights in the economic domain from its responsibility to make reparations for losses suffered by local or foreign investors due to volatile market status

The investment code typically includes the state’s consent to arbitration on the notice of any protected investor, known as investment treaty arbitration or investor-state dispute settlement, which has become an important vehicle for the evolution of public international law

On the other hand, it allows the investor to transfer his investment profits abroad as one of the most important guarantees among others for a more attractive market

This course evaluates the many roles played by investment law and its role in protecting local and foreign investment, shaping public policy, and supporting economic development

We begin by highlighting some of the historical and economic periods that shaped the investment legislator options to anchor the first legal rules, relaying on the method of referring to the internal law of the contracting parties to define the concept of investment through laws issued during the socialist period to turn into a legal system marked by laws issued after the stage of economic openness

Next, we will pass through the field of application of the law related to investment promotion, investment topics, forms of investment, expansion of investment, corporation capital and assets, and the entities related to the development and promotion of investment in Algeria

At last, we end with the advantages and guarantees granted to investment within Algerian law and the attractive incentives for investment in Algeria, especially internal and external tax incentives, as well as the exceptional investment advantages related to settling the capital in areas whose development requires special contributions from the state and job creators and investments of special importance to the national economy

Learning objectives

·            The student of business law will be able to understand the most important legal field of capital movement under Algerian investment law, especially viewing government policy for priority activities with high added value

·            The student will examine the main objectives of the Algerian investment law as to innovation, competitiveness, employment, technology, natural resources, regional development, etc

·            The student will recognize the basic principles of investment law as freedom to invest, transparency, and equality

·            The student will be able to understand the key features of the necessity of opening up to a new horizon that allow for the establishment of systematic entrepreneurial thinking that is consistent with the national investment market

 

Assessment

Exam (100%) Final in the  programmed period

Teacher responsible

Assisstant Proffessor of Law :Dr/Taleb, Aiouadj

E-mail: tal_aio@yahoo.com

E-mail :Aiouadj-Taleb@univ-eloued.dz