Obstacles of Applying Legal Stability Principle for Investment in Algerian Law

This study aims to highlight the principle of legal stability (legislative stability) as one of the essential guarantees for attracting investment, especially in developing countries like Algeria. Investment, both local and foreign, is the lifeblood of modern economies, and the importance of foreign direct investment emerges as a vital source of financing and development. To achieve this, countries strive to provide an attractive investment environment through a set of legal guarantees, foremost among which are the assurance of capital and its returns transfer, non-expropriation, in addition to the principle of legal stability, which aims to reassure investors and create "legal security" that enhances their confidence and the sustainability of their projects. The main issue of the study is based on the existing tension between investors' urgent need for legislative stability to ensure the security of their investments in the long term, and the state's sovereign right to amend and repeal the laws regulating the investment sector in line with the public interest and the requirements of changing policies. The study seeks to define the principle of legal stability and its regulations, and then analyze the issues and practical challenges that hinder its effective application in Algerian law, and to answer the extent to which this principle can form a real and effective guarantee for creating a secure investment environment in Algeria.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-09-23
DOI
https://doi.org/10.5281/zenodo.17187970
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Obstacles of Applying Legal Stability Principle for Investment in Algerian Law

S. Hafida Mecherouk, Abdessamad Houalef
Zenodo (CERN European Organization for Nuclear Research)
International Arbitration and Investment Law
article

Obstacles of Applying Legal Stability Principle for Investment in Algerian Law

S. Hafida Mecherouk, Abdessamad Houalef
article en

Abstract

This study aims to highlight the principle of legal stability (legislative stability) as one of the essential guarantees for attracting investment, especially in developing countries like Algeria. Investment, both local and foreign, is the lifeblood of modern economies, and the importance of foreign direct investment emerges as a vital source of financing and development. To achieve this, countries strive to provide an attractive investment environment through a set of legal guarantees, foremost among which are the assurance of capital and its returns transfer, non-expropriation, in addition to the principle of legal stability, which aims to reassure investors and create "legal security" that enhances their confidence and the sustainability of their projects. The main issue of the study is based on the existing tension between investors' urgent need for legislative stability to ensure the security of their investments in the long term, and the state's sovereign right to amend and repeal the laws regulating the investment sector in line with the public interest and the requirements of changing policies. The study seeks to define the principle of legal stability and its regulations, and then analyze the issues and practical challenges that hinder its effective application in Algerian law, and to answer the extent to which this principle can form a real and effective guarantee for creating a secure investment environment in Algeria.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 57%
International Arbitration and Investment Law
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