Studying the nationalization of foreign property investment in Iran and Iraq law

Abstract

Nowadays, the countries do not take the progressive form without attracting the foreign investment. So, one would say that the study of the factors contributing to the motivation of foreign investment is considerable. Of the most important elements of such an issue is the laws having to do with foreign investment domain, such as the quality of expropriation or nationalization of foreign property investment in the host country. Another important factor is the quality of it where such a legal license is taken into account as the significant difference of laws relevant to countries which is also the confusion element of the free will in terms of the legal status. Hence, based on the result of the studies one would claim that foreign investment covers the neighborhood countries leading to the experts as well as lawyers and countries after choosing the assumed area. The country getting the most advantages in different factors such as legal discussion and assumed low in the relevant domain is identified and suggested. This study focuses on the attitude toward the historical trend of legal, criteria and opinions issued by the court of arbitration having to do with nationalization of foreign property investment in one hand, and comparative study of the two neighborhood countries i.e. Iran and Iraq as one of the efficient research tools where the foreign property investment law including the synergistic status on the other, are studied in this research. Based on the obtained results of the study, the principle is predicted as lack of nationalization during the comparative study of both countries’ foreign property investment law in terms of nationalization of foreign property investment in both countries. The study relies on the exceptional condition of Iraq’s law against the international standard of the rule “otherwise based on the judicial court’s definite ruling” and Iran’s law “otherwise for public interest”. It predicts Iran’s law as more qualified one to attract and motivate the investor. In general, both laws have the capability to be considered as the element to attract distinguished and common investment through standardizing the laws according to the custom in relation to international appropriate behavior taking into account the area capacity.