the The principle of balancing risks and guarantees of ownership for foreign investment projects: A study in light of Iraqi legislation.

Abstract

The principle of sovereignty grants the state the right to regulate foreign ownership of assets (including the right to prohibit) for the purpose of possession or investment within the state. However, if the state allows foreigners to own or invest, it will grant the investor, according to national law, an acquired right. From this standpoint, the position of the Iraqi constitution of 2005 came to prohibit the acquisition of these assets except in a fundamental manner with justifications and by following legal procedures.