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The Renegotiation in International Investment Agreement on Basis of National Security | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 16, Issue: 1 part 1, March 2025, Pages 353-378 PDF (1.03 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.186839 | ||
| Author | ||
| Sinan Abdel Hamza Al-Badiri* | ||
| Al-Qadisiyah University / College of Law | ||
| Abstract | ||
| The national security issue is considered one of the most important priorities that most of countries seek to protect and not tamper with, due to its extreme danger to host countries especially, the host countries of developing countries. The national security concept has evolve and developed significantly and has unfamiliar contexts it is not limit to direct military threats but also, spreading epidemics, threatening community value, or harming the environment of the host country. The purpose of this study is shade the light on such vague concept and demonstrate the Iraqi renegotiation policy towards national security threats. The evolve of the national security concept and the concerns of foreign investors of including investment contracts such clause created an inverse relationship between this term and the protection of foreign investors this is considered a big challenge facing this concept. Iraq one of the countries that seeks to develop its economic by attract foreign investors remain as developing country and its economic still engage strongly in petroleum and that may cause economic crises, and also there is no clear mechanism for renegotiation because of un -clarity of law to determine or define the economic crises or strategic industrial. Therefore , this study recommend Iraq to create a clear criterion regarding to renegotiation in bilateral investment treaties concluded between Iraq and other country and also enhance the clarity of law and achieve the balancing between the Iraqi right to facing the national security threats and protect the foreign investors | ||
| Keywords | ||
| National Security; Strategy Industrial; Economic Crises; Investment Agreement; Investor Protection | ||
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