Saudi Cultural Missions Theses & Dissertations
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Item Restricted LEGAL DIFFICULTIES FACING FOREIGN INVESTORS IN SAUDI ARABIA AND THE ROLE OF VISION 2030 IN IMPROVING FOREIGN INVESTOR STATUS(Southern Methodist University, 2024-08-06) Alasmi, Abdullah Abdulrahman; Camp, Martin L.This dissertation undertakes a comprehensive exploration of the legal complexities faced by foreign investors in Saudi Arabia and assesses the transformative role of Vision 2030 in reshaping the investment landscape. Beginning with an in-depth introduction in Chapter 1, the study outlines the research problem, presents the questions guiding the investigation, describes the research methodology, and underscores the importance and objectives of the study. Chapter 2 delves into the historical evolution of foreign investment, the role of international treaties in protecting investors, and the legal framework in Saudi Arabia. It sheds light on the risks associated with foreign investment and strategies for risk mitigation, offering insights into the historical trajectory of foreign investment laws in Saudi Arabia. Chapter 3 scrutinizes legal complications linked to the Kafalah system and regulatory barriers, providing an analysis of the migration of labor and the current reforms aimed at alleviating complications. Chapter 4 focuses on legal challenges posed by the judicial system, addressing issues such as the lack of commercial courts, administrative delays, and the slow implementation of judicial decisions, while highlighting ongoing reforms. Chapter 5 critically evaluates the impact of Vision 2030 on improving the status of foreign investors, examining reforms in areas ranging from the Kafalah system to judicial procedures. A comparative analysis with the UAE and the United States offers valuable insights into the global context of foreign investment regulations. The chapter concludes with a forward-looking exploration of future projects aligned with Vision 2030 that could enhance foreign investment opportunities. In the concluding Chapter 6, key results are summarized, providing answers to critical questions regarding the effectiveness of current regulations and the transformative influence of Vision 2030. The dissertation concludes with a set of recommendations for regulatory reforms aimed at further attracting foreign investment, contributing to the ongoing discourse on improving Saudi Arabia's investment environment. This study holds significance for scholars, policymakers, and practitioners seeking a nuanced understanding of the legal challenges and opportunities in the Saudi Arabian foreign investment landscape.63 0Item Restricted Regulatory Framework of Investment Legal Regime in the Arab Gulf Region(Saudi Digital Library, 2023-09-01) Alhudaithy, Khaled Mohammed; Ortino, FedericoSignificantly relying on a singular finite source of energy as the primary source of income can be momentarily beneficial yet detrimental on the long run. This research aims to explore and compare how two neighboring with similar economies states have utilized their positions and shaped their regulatory framework for investments legal regime to curtail for foreign investors needs to ultimately diversify its economies.43 0Item Restricted A Critical Comparative Study of the Investment Law in Saudi Arabia and Egypt(Saudi Digital Library, 2023-11-21) Ramadhan, Lojin; Florou, AikateriniIn the backdrop of evolving global markets, states have increasingly focused on enhancing their foreign investment climate to attract new business prospects and foster economic growth. Over the years, Egypt and Saudi Arabia have demonstrated their strong commitment to economic diversification and willingness to reform their investment regime to meet international investors' growing expectations and requirements. This research paper offers a comprehensive comparative analysis of the investment frameworks in Saudi Arabia and Egypt. In doing so, the research highlights the historical evolution of the investment regimes within these two countries. A crucial aspect of this investigation is the examination of the compatibility of Sharia law with contemporary business requirements. As it will be shown, both states have adeptly navigated the integration of Sharia law into modern legal structures and have devised effective, fair, and transparent legal systems. Furthermore, the research explores Saudi and Egyptian efforts to create favourable investment opportunities. It will be shown that Egypt is more liberal and open to investors than Saudi Arabia. However, Saudi Arabia has been able to codify its investment framework better and provide investors with full information about investment opportunities and incentives openly and transparently. The findings of this study contribute to a broader understanding of effective strategies for attracting foreign investment and providing practical guidance for states seeking to revitalise their investment regimes in line with contemporary economic dynamics.25 0Item Restricted International Investment Law and its Implications for Saudi Arabia(2022-12-07) Alshahrani, Sarah Mohammed; Subedi, Surya; Mackie, ColinThis thesis critically examines the provisions of the Saudi BITs and oil concessions against both the ongoing development of international investment law and in accordance with the agenda of the Saudi National Transformation Plan (Vision 2030). The thesis explores whether the current generation of BITs limits the regulatory space of the Saudi government, and to what extent such limitations affect achieving sustainable development goals. It finds that Saudi Arabia faces challenges in modernising its investment treaties so as to balance the traditional purpose of investment treaties, which only protect one side of the treaty—foreign investors—and the emerging needs of preserving state sovereignty and promoting sustainable development. It further argues that the recent increase in investor-state dispute settlement (ISDS) cases against Saudi Arabia should be an indication of the need to investigate, together with scholars and practitioners, how BITs can be reformed to meet the country's needs. In doing so, this thesis examines the main controversial issues of the BIT provisions, such as the definition of investment, fair and equitable treatment clauses, and ISDS clauses. To fully understand the roots of such shortcomings of BITs, this thesis critically assesses three topics. Firstly, the origin of the international investment agreements (IIA) and the influence of imperialism. Secondly, the Saudi oil concessions in the 1930s to understand the old practice of the Saudi government toward foreign investors and how it can positively influence contemporary law and policy. Thirdly, with the recent global backlash against the ISDS, this thesis analyses the reasons for such backlash and the response of some countries and its significance for international investment law and Saudi Arabia. The thesis then comprehensively examines the Saudi BITs and critically assesses their provisions to find out possible routes to modernisation. The suggested reforms can achieve both international demands toward more balanced treaties and the national goals envisioned in Vision 2030. It is concluded that the current Saudi BITs, both old and new generations, need to be reformed to meet the country’s vision and overly constrain the country’s regulatory space. It is argued that despite the comprehensive reforms taking place in the country, its BITs do not represent the country's objectives. The old and new generations of BIT neither address the issue of safeguarding state sovereignty to pursue the public interest nor tackle sustainable development issues (SD). Although there are significant changes and developments in the new generation of BITs, it only touches the surface of these issues in practice. Therefore, a systemic review of the Saudi BITs is needed to examine the various suggested reforms, tackle such issues, and fulfil the country's goals to preserve regulatory space, promote SD and responsible foreign investment.47 0