Legal protection of international investments in Chad-Turkey trade relations
2023
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Advisor: Prof. Dr. Mustafa Erdem Can
Abstract (EN)
As technology and the global economy evolve, foreign investment has come to be recognized as an essential source for the economic development of developing countries like Turkey and underdeveloped countries like Chad. A country's politics, trade relations and strong legal regulations ensure the entry of foreign investment into the country. In this study, firstly, the basic concepts of foreign investment, especially the concept of foreigner, the concept of investment, the concept of foreign investment, the concepts of portfolio and foreign direct investment are discussed. Then, the historical processes of foreign investments in the United States, Europe, Turkey, Africa, and Chad are analyzed. Afterwards, the commercial relations between Chad and Turkey and the main regulations applied to foreign investments are discussed. In Turkish law, the Turkish Commercial Code and the Foreign Direct Investment Law are analyzed, while in Chadian law, first the CEMAC legislation, then the OHADA legislation and the Investment Law are examined. In addition to these regulations, the very important ICSID convention for the protection of foreign investments was also mentioned. In addition, commercial company organizations, which are among the important elements of foreign investment in the legal regulations of both countries, are among the subjects examined in the second part of the study. After that, the standards, and ways for the protection of foreign investments are mentioned. The standards we examined in relation to the protection of foreign investments are the most favored nation registration or treatment, umbrella clauses, national treatment, and fair and equitable treatment in bilateral and multilateral agreements. In parallel with these standards, we have analyzed the protection of investments in joint stock companies in Chad and Turkey through minority shareholders' rights. In addition to these methods of protection, it also addressed the protection of foreign investments against political risks. Finally, the resolution of legal disputes arising out of foreign investments through ICSID arbitration, the advantages, and disadvantages of ICSID arbitration for foreign investors, the jurisdiction of the center, the decision of the tribunal, legal remedies against the decisions of the tribunal and the implementation of this decision are given. Keywords: Investment, Foreign Direct Investment, Protection, Commercial Relations, Arbitration.
Author
Dr. Brahım Hassan Alı
How to Cite
Brahım Hassan Alı (Doctorate thesis). Legal protection of international investments in Chad-Turkey trade relations, 2023, Akdeniz University.
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