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International Construction Law Review

GLOBALISATION AND THE NEW CONTRACTUAL REGIME IN INTERNATIONAL PUBLIC WORKS AGREEMENTS IN EGYPT

COUNSELLOR DR MOHAMED A M ISMAIL

LLB, MA, Ph D (Cairo University), MCI Arb (UK), Vice-President of the Egyptian State Council

INTRODUCTION

The contractual regime of international public works agreements in developing countries has been significantly influenced by cultural global-isation. Globalisation, in addition to the flow of commodities, includes capital and many other tangible concepts,1 plus intangible values, such as culture. Among these is legal culture. Legal culture has flowed from Anglo-American jurisdictions to civil law legal systems. Some scholars have addressed the fact that culture has a sharp edge that has been mitigated by globalisation.2 As the author pointed out in previous articles,3 globalisation has considerably influenced Egyptian legislator and judicial decisions taken by the Egyptian State Council (Conseil d’État) courts and the General Assembly for Legal Opinion and Legislation; the legal nature of administrative contracts (le contrat administratif) has drastically changed. Currently, the state cannot exercise the same exorbitant powers it once did over foreign contractors. In France4 and Egypt5 the state can, to a great extent, exercise unlimited powers in administrative contracts enabling it to uni-laterally amend, terminate or rescind (la résiliation administrative) a contract or impose penalties, such as forfeiture of performance bonds and penalties for delay, which differ from liquidated damages.6

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