شرط المحتوى المحلي في عقود التجارة الدولية تأرجحٌ بين الحاجة والمشروعية دراسة مقارنة | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, Issue 2, August 2021, Pages 379-419 PDF (1.19 M) | ||
| Authors | ||
| أ. م. د. محمد كاظم محمد; ضي حبيب حمزة | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| It is the subject of for the Local Content Requirement ,One of the updated and vital topics in the legal field , Due to the scarcity of specialized studies on it, So we tried to find a precise legal regulation for it, The condition is based on the idea that the foreign investor is bound by all that is local to the host country, Several countries have adopted a local content policy, In order to organize the work of foreign companies operating within its borders, It obligates it to meet the minimum purchase requirements for goods and services from local sources, In order to achieve the development of the local industry by enhancing its participation in the implementation of investment contracts and in hiring and promoting local labor. The issue of the local content requirement raises a jurisprudential debate about the legality of its adoption, As the positions differed towards the condition between the ban and the application, Delving into the provisions of the WTO agreements leads us to legal outlets Legitimacy is granted to the inclusion of a local content requirement, Through the preferential treatment granted to developing countries and the exceptions mentioned in this regard, In addition, government procurement is excluded from the principle of national treatment, This gives them the right to favor their local content in government purchases, In addition, the field of oil, gas, petrochemical industries and manpower are all outside the scope of the WTO regulation, It serves as a fertile ground for imposing the local content requirement. | ||
| Keywords | ||
| : the condition; Local content; Legality; International trade contracts; Foreign investment | ||
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