Title: International Legal Guarantees for the Protection of Foreign Investment: A Comparative Study between Iraq, Iran, and the United Arab Emirates

Authors

  • Mohammad Habibi-Mojandeh Associate Professor and Faculty Member of the Department of Law, Faculty of Law, Mofid University, Qom, Islamic Republic of Iran.
  • Diaa Zaidan Azzawi Department of International Law, Faculty of Law, University of Qom, Qom, Islamic Republic of Iran

DOI:

https://doi.org/10.66026/b4z1bm03

Keywords:

Foreign Investment, International Guarantees, Investment Protection, Nationalization and Expropriation, International Agreements

Abstract

Foreign investment constitutes one of the fundamental pillars of economic development in contemporary States, owing to its significant role in attracting capital, facilitating the transfer of technology and expertise, and promoting economic growth. Given the political, economic, and legal risks that foreign investors may encounter in host States, the need has emerged for the establishment of international guarantees capable of protecting foreign investments and enhancing confidence in the investment environment.

This study aims to examine the international guarantees afforded to foreign investment through an analysis of relevant international agreements and domestic legislation, adopting a comparative approach between Iraq, Iran, and the United Arab Emirates. The research employs descriptive, analytical, and comparative methodologies to identify the nature of these guarantees and assess their effectiveness in ensuring legal protection for foreign investors.

The study concludes that the provision of adequate legal guarantees—particularly protection against unlawful nationalization and expropriation, guarantees concerning the free transfer of profits and capital, and the availability of effective dispute settlement mechanisms—plays a direct role in attracting foreign investment and strengthening economic stability. The findings further reveal disparities among the jurisdictions under examination regarding the level of protection afforded to foreign investors. The United Arab Emirates demonstrates a comparatively advanced framework characterized by legislative clarity and flexible investment procedures, whereas certain aspects of the legal regimes in Iraq and Iran still require further development to align with contemporary international standards governing the protection of foreign investment.

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Published

2026-10-10