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Journal of Human Development and Education for Specialized Research

About the Journal :

The Journal of Human Development and Education for Specialized Research is an academic journal issued by the Malaysian Institute of Science and Development. The aim of this journal is to disseminate serious studies based on theoretical and field research, and to promote multidisciplinary studies in human development, management and education for specialized research and become a leading journal in human development and education in the world. The Journal also aims at publishing theoretical and applied researches in the fields of human development and education for specialized research such as human resources management, business administration, communication sciences, development studies, economic sciences, education sciences, history, industrial relations, media sciences, psychology, Public administration, religious studies and others.



LEGAL OBSTACLES FACING FOREIGN INVESTMENT IN IRAQ AND WAYS TO ADDRESS THEM – LEGAL ANALYTICAL STUDY


Abstract

Foreign investment become one of the concessive imperatives in this age for its role in the influx of capital and technology (technology), infrastructure development and providing the employment opportunities in the host countries for investment ;but there are a lot of legal and administrative obstacles face the foreign investment in Iraq. In this sense, this study addressed these obstacles which prevent or impede the fluidity of the foreign capital under the force of the investment law No.13 of 2006 and the other administrative and complexities laws that related to the enforcement of these laws depending on the analytical inductive method. So, this study showed the necessary legal means to address these obstacles to provide a safe and convenient environment attracting the foreign investments. In order to that, the study showed the concept of foreign investment and its types. Also, it showed the related obstacles to the investment project ownership laws such as nationalization, expropriation and the other procedures that taken by the state in accordance with the sovereign jurisdiction; but it is obsessed scare foreign investors and reluctant them to invest.

The study showed the necessity of legal processors dispense and providing the enough securities to protect the investor and remove his obsessions from these procedures or mitigate it such as the absolute ban or the conditional ban. In the same context, the study discussed the foreign investment obstacles in the administrative laws such as the administrative complexities, owning real estates and disposition it. It also discussed how to address these obstacles in terms of the role of the legislative stability condition in administrative protection for the foreign investor in addition to granting the foreign investor the necessary administrative licenses related to the investment project.

After we finished discuss these topics, we finished our research with a conclusion included the highlights results we reached during the research in addition to several proposals we hope that the relevant authorities introduced to attract investment and develop the