http://depot.umc.edu.dz/handle/123456789/1831 2026-05-01T20:41:23Z http://depot.umc.edu.dz/handle/123456789/14537 عقود الإستثمار في إطار الشراكة بين القطاعين العام و الخاص رحاحلة, آسيا; حوادق, عصام The majority of countries، including Algeria، are seeking to liberalize the economy and to open up to the market economy by attracting foreign investment with the aim of obtaining foreign capital and by concluding investment contracts aimed at meet the needs of its citizens efficiently in addition to quality، it is the fruit of the changes experienced by the Algerian state following successive Economic fluctuations and the state’s attempt to break with the Marxist socialist system and became a regulating and controlling state، because it paved the way for attracting foreign capital to invest ، he left full freedom to the investor by involving the private sector in the financing of projects and by contributing to the process of economic disruption The bot contract is one of the cases that expresses the partnership between the public and privates sectors which includes three stages represented in the establishment and the operation، the project was transferred to the donor after the and the objective of each part was achieved ، and each of its legal statues And each of its goals and pleasures that it aspires to achieve، the interest of the donor is a public interest whose purpose is to meet the needs of citizens، through the establishment of a public institution، Considering that the obligated interest is a private interest whose goal is to obtain a good profit margin، there must therefore be consensus between the two interests، and given that the Algerian legislator has not regulated a special law in this style، he urged the Nome of the bot contract، which made it difficult to adapt this contract، and for this we relied on the abandonment of certain laws which came in the form of a concession، which carries the steps of the bot contract on some of the projects that were established in this form، which were called concession contracts This in order to try to adapt a legal model for this we have also relied on some comparative legislation in order to identify the different stages that this scheme goes through، through the experiences of certain countries which have adopted this system and the have adopted to establish their major projects. 2023-06-15T00:00:00Z http://depot.umc.edu.dz/handle/123456789/14505 دور السياسة الضريبية في تشجيع الاستثمار في الجزائر. رماش, سمية; ريكلي, الصديق Adopting the market economy by Algeria as an engine for economic reforms has prompted it to create a favourable climate for investment, as it definitely realizes the importance thereof in attaining significant advancement in the economic field. Besides, we find that the tax represents one of the tools and means that it used to influence the decision of investors, which was employed through exploiting its stimulating nature to influence and push the economic agents to invest in the desired sectors and regions in accordance with the advancement plan. In virtue of which, tax policy has imposed its importance, the reason of which Algeria endeavoured to reform it in many of legislative stations thereof, all the way through various laws issued that included many tax incentives with rates that encourage investment, either national or foreign. Moreover, and in order to support the State’s tax policy, it created investment promotion entities and agencies, for the purpose of materializing the tax incentive policy so as to direct and encourage investment, and activate its various manifestations on the ground, accordingly. In fact of matter, it has shown to be certain that the tax policy is governed by a set of determinants and constituents on which it is built, which may form success or failure to the same in attracting investment, the fact of which is planned to achieve by the Algerian legislator. 2023-06-07T00:00:00Z http://depot.umc.edu.dz/handle/123456789/14495 المنطقة الاقتصادية الخالصة وآليات حل المنازعات الدولية المتعلقة بها. طالبي, مصطفي; فيلالي, كمال The Sea has always been and is up to today a source of alimentation for people and nations. It isconsidered as a huge energy and food wealth, in the same time it facilitate mobility around the globe for people and trade . More than sixty per cent ( 60%) of the globe technologies are provided by western countries who care very much for strategic and economic growth and calling for free shipping. Risk at sea are enormous and wide , be it transportation or energies prospection , fishing etc … The concept of the exclusive economic zone is an essential element of the ""package"" of compromises and trade-offs that constitutes the 1982 Convention on the Law of the Sea. It is a concept which has received rapid and widespread acceptance in state practice and is thus now considered by some to be part of customary international law. The problems occuring in the Exclusive Economic Zone (EEZ) which is a special Sui generis zone , part of the high sea in which the coatal state enjoy economic sovereignty are looked at from the prism of the Convention on the law of the sea of 1982. The EEZ is an area of the sea extending to 200 miles from the coast. The coastal state has fishing rights and enjoy the exclusive sovereignty on any other economic activities. Users of the sea will execice their right of freedom of navigation since the EEZ is part of the high seas. Conflicts related to the sea are increasing and the 1982 Convention on the law of the sea has developped a legal mecanism called the Law of the sea Tribunal to see this new international judiciary body intervene and bring a juridical and judicial solution to conflicts arising at sea especially those occuring in the EEZ and the continental shelf. In this research the evolution of the concept of the exclusive economic zone will be traced from its origins to its final form in the Convention, to give an insight into the balance of legal, economic and political interest that was involved in the development of the final text . The study will Review the negotiations at the Third UN Conference on the Law of the sea The International Tribunal for the Law of the Sea ( ITLOS) is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on 10 December 1982. The Jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. To date, sixteen multilateral agreements have been concluded which confer jurisdiction on the Tribunal . Unless the parties otherwise agree, the jurisdiction of the Tribunal is mandatory in cases relating to the prompt release of vessels and crews under article 292 of the Convention and to provisional measures pending the constitution of an arbitral tribunal under article 290, paragraph 5, of the Convention. Disputes before the Tribunal are instituted either by written application or by notification of a special agreement. The procedure to be followed for the conduct of cases submitted to the Tribunal is defined in its Statute and Rules. 2023-01-01T00:00:00Z http://depot.umc.edu.dz/handle/123456789/14491 دور المحاكم الدولية وفوق الوطنية في تطوير القانون الدولي العام. جريدي, زهرة; فيلالي, كمال The international judicial system with its permanent and supranational courts play an important role in the development of international rules and principles through the international case law. -With the diversity and multiplication of these judiciary institutions and mourly the absence between them lead to a partition of international law which pet the path to the emergence of new independent and separate laws those have suggested a confrontation and contradictions between international courts decisions on the same legal point in addition to that one could speak about problems erasing out of jurisdiction . - We conclude that positive and negative decisions of international courts and supra nations tribunals glow in the same direction which is developing international law. -Al though the are sings that the above described problems and difficulties suggest the idea of fragmentation of international law article 38 of the statute of the international court of justice stands strong and confirm that unity of international law is primary taking into consideration a variety of sources and branches . 2023-01-01T00:00:00Z