Global Contract Law in the Middle East and North Africa

Public Law Constraints

Mohamed Ismail

• Publisher: Routledge
• Year: 2024
• Print ISBN: 9781032716015
• eBook ISBN: 9781040100752
• Edition: 1
• Topic: Law
• Subtopic: Contract Law
• Index: Law

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.

Table of contents

• Cover
• Endorsement
• Half-Title
• Title
• Copyright
• Dedication
• Contents
• Foreword by Louise Gullifer, QC, University of Cambridge
• Preface
• Acknowledgments
• List of Abbreviations
• Introduction
• 1 Courts’ Intervention in Case of Mandatory Legislative Provision
• 2 Courts’ Intervention in Light of Non-Mandatory Legislative Provision or in Absence of Legislative Provision
• 3 Courts’ Intervention in the Light of Contractual Provisions
• 4 New Types of International States’ Contracts: PPPs and Energy Concessions as Tools to Achieve Global Contract Law in the MENA Countries
• 5 Digitalization as A Tool to Achieve Global Contract Law in State Contracts
• 6 Codification of Administrative Law in Egypt and MENA Countries as A Tool to Achieve Global Contract Law
• 7 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 Countries
• Conclusions
• Annex
• References
• Index