Amicable Settlement of Foreign Investment Disputes in International Law and Palestinian Legislation 10.35781/1637-000-170-006
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Abstract This study, entitled "Amicable Settlement of Foreign Investment Disputes in International Law and Palestinian Legislation" by Islam Ismail Abu Alsoud, examines the amicable methods used in resolving foreign investment disputes and their regulation under Palestinian legislation and international agreements. The study aimed to assess the adequacy of amicable mechanisms provided by Palestinian legislation for resolving foreign investment disputes and to evaluate their compatibility with relevant international laws and agreements. It also sought to highlight the role of conciliation and negotiation in protecting foreign investors and encouraging investment. The researcher adopted a descriptive, analytical, and comparative methodology through examining Palestinian legal provisions and comparing them with bilateral and multilateral international investment agreements. The findings revealed that amicable settlement methods are among the most effective mechanisms for resolving foreign investment disputes due to their flexibility, speed, and lower costs. The study further found that conciliation is the most preferred method among foreign investors, while Palestinian legislation recognizes several amicable mechanisms through different legal provisions. However, the Palestinian Investment Promotion Law does not provide a comprehensive and explicit framework governing these methods, which necessitates legislative reforms in line with contemporary international standards governing foreign investment dispute settlement. Keywords: Foreign Investment, Investment Disputes, Amicable Settlement, Conciliation, Negotiation, Palestinian Legislation, International
Abstract This study, entitled "Amicable Settlement of Foreign Investment Disputes in International Law and Palestinian Legislation" by Islam Ismail Abu Alsoud, examines the amicable methods used in resolving foreign investment disputes and their regulation under Palestinian legislation and international agreements. The study aimed to assess the adequacy of amicable mechanisms provided by Palestinian legislation for resolving foreign investment disputes and to evaluate their compatibility with relevant international laws and agreements. It also sought to highlight the role of conciliation and negotiation in protecting foreign investors and encouraging investment. The researcher adopted a descriptive, analytical, and comparative methodology through examining Palestinian legal provisions and comparing them with bilateral and multilateral international investment agreements. The findings revealed that amicable settlement methods are among the most effective mechanisms for resolving foreign investment disputes due to their flexibility, speed, and lower costs. The study further found that conciliation is the most preferred method among foreign investors, while Palestinian legislation recognizes several amicable mechanisms through different legal provisions. However, the Palestinian Investment Promotion Law does not provide a comprehensive and explicit framework governing these methods, which necessitates legislative reforms in line with contemporary international standards governing foreign investment dispute settlement. Keywords: Foreign Investment, Investment Disputes, Amicable Settlement, Conciliation, Negotiation, Palestinian Legislation, International
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