CONSTITUTIONAL PRINCIPLES AND REGULATORY FRAMEWORKS FOR PROMOTING AND INCENTIVISING INVESTMENT: A COMPARATIVE STUDY OF THE PROVISIONS OF COMMERCIAL AND CIVIL LAW IN ALIGNMENT WITH OMAN VISION 2040

The Sultanate of Oman, like many other countries around the globe, has seen the importance of investment grow substantially over the years. Most countries have constructed constitutional, administrative, and commercial frameworks around investment and its related issues such as public infrastructure, public monies and public mechanism, the protection of private and public assets, and the issuing of limited government contracts and investment authorizations over public assets. This research sought to identify the issues surrounding the area of investment in the Sultanate of Oman, on both a micro and macro level. This research also sought to determine the extent and sufficiency of the Omani legal framework as it pertains to investments and its alignment to the Oman Vision 2040, in order to provide greater insight on the scope of public authority and discretion to enter into investment agreements and the public authority to amend such agreements. This study used a descriptive and comparative analytical approach to assess Omani constitutional and commercial legislation in order to assess the extent to which the legislation provides an adequate and comprehensive legal framework to the investments of a domestic and foreign character. In order to prove our point, which is the aim of obtaining such awards, is that the investment must be confined to a jurisdiction where there is a legal framework that defends the rights of both the contracting party and the state awarding the concession and there are legal provisions that reasonably regulate the aforementioned rights of both parties. Hence this research will address the notion and the essence of investment both domestic and international, in order to explicate its legal qualification and the applicable legal provisions and the implications of such provisions on the parties. This justification will be accomplished in two principal parts.