The regulations concerning the protection of the national security of the host country and the legitimate expectations of the foreign investments

Abstract

Purpose

The purpose of this study is to examine the legal system that overrules these concerns within the body of the international investment laws. The question which remains is how can host countries and their ruling bodies maintain their national security without disregarding the legitimate expectations of foreign investments and their international responsibilities?

Design/methodology/approach

Balancing the relationship between the national security of the host country and the legitimate expectations of the foreign investments is one of the oldest challenges within the body of the international investment laws because the realization of the right to maintain the national security, without regulating the host countries, leaves room for corruption, and meeting the legitimate expectations of the foreign investments can lead to the disruption of the national sovereignty of the host country.

Findings

Studies show that the international investment laws do not take a clear stance when it comes to regulating the relationship between the national security of the host countries and the legitimate expectations of the foreign investments and that they are, in fact, in some cases, paradoxical and disorganized; there are instances of attempts to overprotect the national security of the host country, while the rights and the benefits of the foreign investments are disregarded,

Originality/value

At times there is an attempt to expand the realm of legitimate expectations of the foreign investments which would, in turn, disrupt the national security of the host country.

Citation

Heidari, A. (2022), "The regulations concerning the protection of the national security of the host country and the legitimate expectations of the foreign investments", Journal of International Trade Law and Policy, Vol. 21 No. 2, pp. 122-139. https://doi.org/10.1108/JITLP-07-2021-0037