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Deanship of Graduate Studies
Document Details
Document Type
:
Thesis
Document Title
:
“The Legal Protection of Foreign Investments in the Kingdom of Saudi Arabia”
"الحماية القانونية للاستثمارات الأجنبية في المملكة العربية السعودية"
Subject
:
Faculty of Economics and Management - Department of Law
Document Language
:
Arabic
Abstract
:
The study dealt with the legal protection provided by the Kingdom’s Regulations to the foreign Investments to enhance the investment environment and attract as much foreign investments as possible. Those guarantees can be represented in: 1) Legislative Guarantees; 2) Conventional Guarantees and; 3) Judicial Guarantees. Finally the thesis dealt with studying the obstacles which investors face, that lead to reduction of the kingdom’s ability to attract foreign capital. This was done using the help of specialized economic studies, based on inductive analytical approach which rests on conclusions by extrapolating the available information and analyzing them to form the answer to the thesis’ questions. Notwithstanding the guarantees provided by the Kingdom to protect foreign investments, the study eventually showed the existence of several negative aspects that form a barrier impeding barrier impeding the attraction and exploitation of foreign capitals in the field of technology transfer to enhance the national economy. These obstacles are of legal, administrative, organizational, foreign investment-related and economic nature. Therefore it is essential to strive to remove these obstacles and overcome all difficulties which hinder the attraction of foreign capitals to the Kingdom. The author has consequently suggested a number of recommendations namely: 1- To review the negative list, so as to delete some activities which figure on the list. It is recommended to provide bigger incentives to joint projects which can be beneficial to the Saudi investor and can be of a great value added to the national economy. 2- Reconsider article (6) of the Foreign Investment Code providing for the conditions to be met in order to license foreign investments. The Saudi investor should refer to the old code by virtue of which practical expertise and competence are required as conditions to license foreign investments and the minimum threshold for foreign investment is identified. 3- Seek to compensate investors whose loss of benefit was expropriated on the basis that the loss of benefits due to investment expropriation is a type of compensable destruction by virtue of evidence from the Quran and Sunnah and in application of Islamic Jurisprudence (‘fiqh’) rules.
Supervisor
:
Dr. Naif Sultan Al-Shareef
Thesis Type
:
Master Thesis
Publishing Year
:
1433 AH
2012 AD
Added Date
:
Tuesday, March 27, 2012
Researchers
Researcher Name (Arabic)
Researcher Name (English)
Researcher Type
Dr Grade
Email
رغدة محمد العقل
Al-Aql, Raghda Mohammed
Researcher
Master
Files
File Name
Type
Description
32734.pdf
pdf
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