Balancing the state's right to regulation and the protection of foreign investors .

Document Type : Original Article

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Faculty of Law - Mansoura University

10.21608/mjle.2025.453983

Abstract

This research addresses the topic of balancing the state's right to regulate and the protection of foreign investors. In light of the trend of countries attracting foreign investments towards adopting sustainable development goals, while aiming to achieve public interest through their regulatory rights, conflicts of interest have arisen with foreign investors whose primary goal is profit. This has highlighted the need to adopt legal mechanisms, solutions, and standards aimed at balancing the state's right to regulate with the protection of foreign investors. Among the key ideas related to these mechanisms, solutions, and standards are the concept of legal security, the principle of protecting legitimate expectations, and the principle of proportionality or reasonableness, all of which are connected to the application of what is referred to as the 'standard of fair and equitable treatment'
 

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