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Global Contract Law in the Middle East and North Africa : Public Law Constraints - Mohamed Ismail

Global Contract Law in the Middle East and North Africa

Public Law Constraints

By: Mohamed Ismail

Hardcover | 1 August 2024

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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.

Industry Reviews

"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 Universita Cattolica del Sacro Cuore

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