Issues and risks of nationalization of foreign companies

Résumé En

This paper takes an in-depth look at the complexities and implications of nationalizing foreign companies in the context of international law. The first part defines nationalization and raises the legal, political and economic issues raised by this phenomenon. It highlights the tensions between national and international law, as well as the responsibilities of the host state towards foreign investors and the remedies available to them. The second part explores the implications of nationalization for economic and political stability, as well as the negotiation and arbitration processes between states and foreign investors. It also examines the impact on the host state's international reputation. The third part looks at the use of state ownership in economic warfare, its motivations, strategies and the need for international cooperation to prevent economic tensions and potential conflicts. Finally, the paper presents emblematic case studies of nationalizations, such as those in Bolivia, Russia and Argentina, highlighting the challenges, dynamics and implications associated with this complex phenomenon on the international stage. The case studies offer valuable insights into the different contexts, underlying motivations and consequences for the parties involved, while underlining the importance of careful, transparent management of these processes to minimize conflict and maximize long-term benefits for all concerned.