Public Private Partnership Contracts: The Middle East and North Africa, 1st Edition (Hardback) book cover

Public Private Partnership Contracts

The Middle East and North Africa, 1st Edition

By Mohamed A.M. Ismail

Routledge

264 pages | 1 B/W Illus.

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Hardback: 9781138343436
pub: 2020-04-22
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Description

This book provides a comprehensive overview of the law surrounding PPPs in the Middle East and North African region.

The significance of liberalised and integrated Public Private Partnership Contracts as an essential component of the world legal and policy order is well documented. The regulation of PPPs is justified economically to allow for competition in the relevant public service and to achieve price transparency, thus resulting in significant savings for the public sector. In parallel to the economic justifications, legal imperatives have also called for the regulation of PPPs in order to allow free movement of goods and services and to prohibit discrimination on grounds of nationality. The need for competitiveness and transparency in delivering public services through PPPs is considered a safeguard to achieve international standards in delivering public utility services. First, it assesses the compatibility of the current PPPs legislation and regulation in the MENA region with the international standards of legislation and regulation prevalent in many other countries, including the UK, France and Brazil. Secondly, it compares the practices in the MENA region with those of international bodies such as the OECD and World Bank. Comparisons are then made between the MENA countries and those in Europe and Asia with regard to the influence of culture, policy and legal globalization.

The book will be of interest to scholars and students in the field of international contract law, public law and state contracts, finance law and private law.

Table of Contents

Table of Contents

Contents

List of Figures and Tables

Foreword

Preface

About the Author

List of Abbreviations

Introduction:

Chapter 1: The Constitutional Framework of State Contracts in the MENA Countries

Chapter 2: The Substantive Theory of States’ Contracts in the MENA Countries

Chapter 3: The Principles of ‘Le Contrat Administratif’ Theory in the MENA Countries.

Chapter 4: The Trajectory of the Legislative and Regulatory Intervention from the MENA Countries to Permit PPP Techniques

Chapter 5: PPPs in the MENA Countries’ Public Procurements

Chapter 6: The International Dynamics of PPPs

Chapter 7: The Main Substantive Mechanisms of PPPs Contracts in the MENA Countries

Chapter 8: Arbitration as Dispute Resolution Mechanism in PPPs in the MENA Countries

Conclusions

Bibliography

 

About the Author

Judge Dr. Mohamed AM Ismail, LLB, LLM,PhD; FCI Arb (UK), Vice-President of the Conseil D’Etat and Judge at the Supreme Administrative Court, Egypt.

About the Series

Routledge Research in International Law

The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research.  Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General