This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region.The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway.The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.
Les mer
This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. It will be useful to students and scholars of international contract law, public law and international law in Egypt and MENA countries.
Les mer
Foreword by Louise GulliferPreface Introduction1. Courts’ Intervention in Case of Mandatory Legislative Provision 2. Courts’ Intervention in Light of Non-Mandatory Legislative Provision or in Absence of Legislative Provision3. Courts’ Intervention in the Light of Contractual Provisions4. New Types of International States’ Contracts: PPPs and Energy Concessions as Tools to Achieve Global Contract Law in the MENA Countries5. Digitalization as A Tool to Achieve Contract Law in State Contracts6. Codification of Administrative Law in Egypt and MENA Countries as A Tool to Achieve Global Contract Law7. Can Private-Public Arbitration Create Global Contract Law?8. The Role of International Organs to Create a Global Contract Law 9. The Impact of Unification of International Contract Law Principles on Egypt and MENA CountriesConclusions
Les mer
"An essential contribution to the development of studies on the global law of public contracts."Jean-Bernard Auby, Emeritus Professor, Sciences Po Paris'Based on his extensive experience as judge and academic, the Author explores various topics that contribute to the unification of contract law. The monograph is a valuable source, for academics and practitioners, to expand their knowledge of substantive principles of global contract law.'Maria Chiara Maalguti, President of UNIDROIT and Professor of International Law at Università Cattolica del Sacro Cuore
Les mer
Produktdetaljer
ISBN
9781032716015
Publisert
2024-08-01
Utgiver
Vendor
Routledge
Vekt
700 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
274
Forfatter
Biographical note
Mohamed A.M. Ismail, PhD (Cairo); FCIArb (London) is the vice president of the Conseil d’État and judge at the Supreme Administrative Court, Egypt. He is an arbitrator in international commercial disputes. Dr. Ismail is affiliated with several global legal bodies/organizations. He is a Member of the Comité Française De L’Arbitrage (Paris) and a member of the ‘Public Contracts in Legal Globalization’ as a global research network at Sciences Po University, Paris. He has been appointed as an expert member to the Working Group of the ICC and UNIDROIT on International Investment Contracts. Dr. Ismail was a visiting research fellow at Max Planck Institute for Comparative and International Private Law, Hamburg.