Investment rules tourism -A Comparative Study-
Abstract
Despite the importance of tourism investment in maximizing the imports of countries that have the ingredients for its existence, including Iraq (which is characterized by the diversity of its sources of tourism and the role of this sector has been strengthened after the inclusion of the marshlands in southern Iraq within the World Heritage areas in 2016), it is an inexhaustible resource if it is properly exploited. Through the great economic resources and returns it achieves, the Iraqi legislator and other legislation, including the legislation under comparison, neglected to organize its provisions in special legislation, which means referring to the general provisions regulating investment and legislation related to tourism work, researching the provisions of tourism investment in terms of emerging rights About him and the obligations incumbent on the tourist investor is what we will discuss in this research, in which we reached a number of results, perhaps the most prominent of which is the legislative shortcoming in the provisions of tourism investment despite the practical need for its existence and what this shortcoming left obstacles and difficulties that led to the delay in tourism investments, which prompted us to inviting the Iraqi legislator to issue a legal regulation for tourism investment.
References
- A draft law establishing the Egyptian Tourism and Antiquities Fund.
- Abdul Rasool Abdul Reda, and M. Khair El-Din Kazem Obaid (The Impact of the Foreign Character in the Iraqi Investment Law No. (13) for the year 2006)
- Ahmed Abu Bakr Bayoumi and Tariq Abdel Qader Ismail, Frameworks for Partnership between the Public and Private Sectors in the Arab Countries (International Monetary Fund, Abu Dhabi - UAE, 2020)
- Algerian Executive Decree No. (10-254) dated Dhu al-Qi`dah 12, 1431 AH, corresponding to October 20, 2010, which defines the powers of the Minister of Tourism and Handicrafts.
- d. Abd al-Amir Abd Kazim Zwain, The Role of the Central and Local Governments and the Private Sector in Revitalizing the Religious Tourism Movement in the Province of Najaf (Al-Gharb Journal of Economic and Administrative Sciences, Volume (13), Number (36), 2015 AD).
- d. Ali Ibn Fayez Al-Jahni and others, Tourist Security (Vol. (337), Center for Studies and Research, Naif Arab University for Security Sciences, Riyadh, 2004) 3. Talbi Mohamed, The Impact of Tax Incentives and Ways of Activating them in Attracting Foreign Direct Investment in Algeria (North African Economics Journal, No. 6, no year printed).
- Egyptian Antiquities Protection Law No. (17) of 1983 amended by Law No. (91) of 2018.
- Egyptian Investment Law No. (72) of 2017 amended by Law (141) of 2019.
- Egyptian Medical Tourism Draft Law.
- Executive Decree No. (41-94) dated January 29, 1994, which includes the definition of mineral bath water and the regulation of its protection, use and Algerian exploitation.
- Federal Decree-Law No. (19) of 2018 regarding UAE foreign direct investment.
- Federal Decree-Law No. (4) of 2007 establishing the Emirates Investment Authority.
- Federal Law No. (6) issued on 12/14/2008 corresponding to 16 Dhu al-Hijjah 1429 AH regarding the establishment of the UAE National Council for Tourism and Antiquities.
- Hafiza Al-Sayed Al-Haddad, Private International Law, Conflict of Laws, International Book (Al-Halabi Human Rights Publications, Beirut- Lebanon, 2002)
- Imad Muhammad Khudair al-Jubouri, Guarantees of Foreign Investment - A Comparative Study (1 edition, Al-Halabi Human Rights Publications, Beirut - Lebanon, 2017).
- Instructions of conditions for licensing the organization of Iraqi travel and tourism companies, offices and agents No. (4) of 1991.
- Iraqi Antiquities and Heritage Law No. (55) of 2001.
- Iraqi Investment Law No. (13) of 2006, the effective amendment, and its amendments.
- Iraqi Kurdistan Investment Law No. (4) of 2006.
- Iraqi Tourism and Antiquities Authority Law No. (13) of 2012.
- Iraqi Tourism Authority Law No. (14) of 2006.
- Judge Al-Shazly Ibn Amira Rahmani, Tourist Security (scientific seminar, issued by the Training College / Training Programs Department, Tunisia, 2012)
- Lama Ahmed Kojan, Arbitration in Investment Contracts between the State and the Foreign Investor (Zain Human Rights Publications, Beirut - Lebanon, 2008).
- Law No. (41) of 2017 amending the provisions of Law No. (11) of 2009 regarding the Dubai Sports Council.
- Law No. (49) of 1977 on the Iraqi General Tourism Corporation.
- Law No. (99-06) dated Dhu al-Hijjah 8, 1419 AH, corresponding to April 4, 1999, which defines the rules governing the activity of the Algerian Tourism and Investment Agency.
- Law No. 1 of 1997 establishing the UAE Department of Tourism and Commerce Marketing.
- Law of the General Authority for Antiquities and Iraqi Heritage No. (45) of 2005.
- Melili Samira and Maarouf Tariq, The Reality and Prospects of Tourism Investment in Ain Temouchent, Master Thesis, (Faculty of Law, University of Algiers, 2017).
- Mounir Abdel Majeed, Conflict of Laws in Individual Work Relationships (Manshaat Al Maarif, Alexandria, 1992).
- Mustafa Ahmed Al-Sayed Makkawi, Tourism Investment in Egypt and the Arab Countries (Emirates Center for Strategic Studies and Research, 1st Edition, 2014).
- Nasser Othman Muhammad Othman, Investment guarantees in the Arab countries (1 edition, Dar Al-Nahda Al-Arabiya, Cairo, 2009).
- Ordinance No. (01-03) dated the first of Jumada al-Thani in the year 1422 AH corresponding to August 20 related to the development of Algerian investment.
- Ordinance No. (16-09) of August 3, 2016 related to the promotion of Algerian investment.
- Rawa Younis Mahmoud Al-Najjar, The Legal System for Foreign Investment (Dar Al-Kutub Al-Qanuni, Egypt, 2012)
- The Egyptian Hotel and Tourist Establishments Law No. (1) of 1973.
- The Iraqi Civil Law No. (40) of 1951, as amended, in effect.
- Tibi Mohamed Amin, Legal Controls for Tourism Investment in Algeria, Master Thesis, (Faculty of Law and Politics, Dr. Taher Moulay University, Saida, 2016).
- UAE Cabinet Resolution No. (16) of 2020 regarding determining the positive list of sectors and economic activities in which foreign direct investment is permissible and the percentages of ownership.