Globalization And New International Public Works Agreements In Developing Countries

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Globalization and New International Public Works Agreements in Developing Countries

Author : Mohamed A.M. Ismail
Publisher : Routledge
Page : 545 pages
File Size : 47,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317127024

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Globalization and New International Public Works Agreements in Developing Countries by Mohamed A.M. Ismail Pdf

This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.

Globalization and New International Public Works Agreements in Developing Countries

Author : Mohamed A.M. Ismail
Publisher : Routledge
Page : 316 pages
File Size : 42,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317127031

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Globalization and New International Public Works Agreements in Developing Countries by Mohamed A.M. Ismail Pdf

This book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.

Global Contract Law in the Middle East and North Africa

Author : Mohamed Ismail
Publisher : Taylor & Francis
Page : 228 pages
File Size : 55,5 Mb
Release : 2024-08-01
Category : Law
ISBN : 9781040100752

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Global Contract Law in the Middle East and North Africa by Mohamed Ismail Pdf

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.

Public Private Partnership Contracts

Author : Mohamed AM Ismail
Publisher : Routledge
Page : 194 pages
File Size : 44,9 Mb
Release : 2020-03-18
Category : Law
ISBN : 9780429799105

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Public Private Partnership Contracts by Mohamed AM Ismail Pdf

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.

Joint Public Procurement and Innovation

Author : Gabriella Margherita Racca,Christopher Yukins
Publisher : Bruylant
Page : 534 pages
File Size : 43,6 Mb
Release : 2020-02-12
Category : Law
ISBN : 9782802765295

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Joint Public Procurement and Innovation by Gabriella Margherita Racca,Christopher Yukins Pdf

Innovation in public procurement is essential for sustainable and inclusive growth in an increasingly globalized economy. To achieve that potential, both the promises and the perils of innovation must be investigated, including the risks and opportunities of joint procurement across borders in the European Union and the United States. This in-depth research investigates innovation in public procurement from three different perspectives. First, leading academics and practitioners assess the purchase of innovation, with a particular focus on urban public contracting in smart cities involving meta-infrastructures, public-private partnership arrangements and smart contracts. A second line of inquiry looks for ways to encourage innovative suppliers. Here, the collected authors draw on emerging lessons from the US and Europe, to explore both the costs and the benefits of spurring innovation through procurement. A third perspective looks to various innovations in the procurement process itself, with a focus on the effects of joint and cross-border procurement in the EU and US landscapes. The chapters review new technologies and platforms, the increasingly automated means of selecting suppliers, and the related efficiencies that “big data” can bring to public procurement. Expanding on research in the editors’ prior volume, Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally (Bruylant 2014), this volume builds on a series of academic conferences and exchanges to address these issues from sophisticated academic, institutional and practical perspectives, and to point the way to future research on the contractual models that are emerging from new procurement technologies.

International Investment Arbitration

Author : Judge Dr Mohamed A M Ismail
Publisher : Ashgate Publishing, Ltd.
Page : 451 pages
File Size : 50,5 Mb
Release : 2013-08-28
Category : Law
ISBN : 9781409463658

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International Investment Arbitration by Judge Dr Mohamed A M Ismail Pdf

Arbitration is the most common mechanism for disputes' settlement in developing countries. Following the move to free market economies, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for dispute settlement. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations for the future and includes useful appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.

Globalization and Its Discontents

Author : Joseph E. Stiglitz
Publisher : W. W. Norton & Company
Page : 304 pages
File Size : 53,8 Mb
Release : 2003-04-17
Category : Business & Economics
ISBN : 9780393071078

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Globalization and Its Discontents by Joseph E. Stiglitz Pdf

This powerful, unsettling book gives us a rare glimpse behind the closed doors of global financial institutions by the winner of the 2001 Nobel Prize in Economics. When it was first published, this national bestseller quickly became a touchstone in the globalization debate. Renowned economist and Nobel Prize winner Joseph E. Stiglitz had a ringside seat for most of the major economic events of the last decade, including stints as chairman of the Council of Economic Advisers and chief economist at the World Bank. Particularly concerned with the plight of the developing nations, he became increasingly disillusioned as he saw the International Monetary Fund and other major institutions put the interests of Wall Street and the financial community ahead of the poorer nations. Those seeking to understand why globalization has engendered the hostility of protesters in Seattle and Genoa will find the reasons here. While this book includes no simple formula on how to make globalization work, Stiglitz provides a reform agenda that will provoke debate for years to come. Rarely do we get such an insider's analysis of the major institutions of globalization as in this penetrating book. With a new foreword for this paperback edition.

Providing Global Public Goods

Author : Inge Kaul,Pedro Conceicao,Katell Le Goulven,Ronald U. Mendoza
Publisher : Oxford University Press
Page : 672 pages
File Size : 49,7 Mb
Release : 2003-01-16
Category : Business & Economics
ISBN : 9780198035770

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Providing Global Public Goods by Inge Kaul,Pedro Conceicao,Katell Le Goulven,Ronald U. Mendoza Pdf

Elaborating on the concepts first introduced in Global Public Goods, this book addresses the long overdue issue of how to adjust the concept of public goods to today's economic and political realities. The production of global public goods requires the orchestration of initiatives by a large number of diverse actors across different levels and sectors. It may require the collaboration of governments, business and civil society, and in most cases it almost certainly calls for an effective linkage of the local, national, regional, and global levels. In light of today's new realities, this book examines a series of managerial and political challenges that pertain to the design and implementation of production strategies and the monitoring and evaluation of global public goods provision.As participatory decision-making enhances the political support for - and thus the effectiveness of - certain policy decisions, this volume offers suggestions on a number of pragmatic policy reforms for bringing the global public more into public policy making on global issues. Nine case studies examine the importance of the global public good concept from the viewpoint of developing countries, exploring how and where the concerns of the poor and the rich overlap.Providing Global Public Goods offers important and timely suggestions on how to move in a more feasible and systematic way towards a fairer process of globalization that works in the interests of all.

Transnational Social Policies

Author : International Development Research Centre (Canada)
Publisher : IDRC
Page : 230 pages
File Size : 46,5 Mb
Release : 1999
Category : Africa
ISBN : 9780889368545

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Transnational Social Policies by International Development Research Centre (Canada) Pdf

Relationships between social policy and human development are the subject of much research and theorizing. The literature in this area, however, examines these issues strictly within national contexts. What influence will international agendas such as NAFTA, the World Summit for Social Development, and Habitat II have? Transnational Social Policies specifically addresses the worldwide trend for national policies on human and social development to be increasingly influenced by agendas that are international, or "transnational," in nature. In doing so, the book examines the underlying international developmental, ethical, economic, and political issues shaping national policies in health, education, and employment in the developing world. This book's focus on the "transnational" character of the social policy debate makes it a truly unique and original contribution to the literature. It will appeal to the academic community, worldwide, in international development, public policy and administration, and social work; policymakers, researchers, and practitioners in the field of public (social) policy; and the international community of individuals and organizations working in international social development.

Globalization and Poverty

Author : Ann Harrison
Publisher : University of Chicago Press
Page : 675 pages
File Size : 49,5 Mb
Release : 2007-11-01
Category : Business & Economics
ISBN : 9780226318004

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Globalization and Poverty by Ann Harrison Pdf

Over the past two decades, the percentage of the world’s population living on less than a dollar a day has been cut in half. How much of that improvement is because of—or in spite of—globalization? While anti-globalization activists mount loud critiques and the media report breathlessly on globalization’s perils and promises, economists have largely remained silent, in part because of an entrenched institutional divide between those who study poverty and those who study trade and finance. Globalization and Poverty bridges that gap, bringing together experts on both international trade and poverty to provide a detailed view of the effects of globalization on the poor in developing nations, answering such questions as: Do lower import tariffs improve the lives of the poor? Has increased financial integration led to more or less poverty? How have the poor fared during various currency crises? Does food aid hurt or help the poor? Poverty, the contributors show here, has been used as a popular and convenient catchphrase by parties on both sides of the globalization debate to further their respective arguments. Globalization and Poverty provides the more nuanced understanding necessary to move that debate beyond the slogans.

Public–Private Partnerships in Global Development

Author : Timothy E. Nielander
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 43,7 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781788119429

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Public–Private Partnerships in Global Development by Timothy E. Nielander Pdf

The global development community has articulated many collective aspirations in the Sustainable Development Goals (SDGs) aimed at transforming the world. Given the complicated issues that accompany globalization, State and non-State actors continue to explore the utility of public–private cooperation mechanisms. Public– private cooperation initiatives strive for global governance mechanisms involving oversight by all of the actors and operating frameworks that include multiple states, intergovernmental organizations, NGOs, private sector companies and prominent individuals.

Globalization, Growth, and Poverty

Author : Paul Collier,David Dollar
Publisher : World Bank Publications
Page : 200 pages
File Size : 53,7 Mb
Release : 2002
Category : Business & Economics
ISBN : 082135048X

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Globalization, Growth, and Poverty by Paul Collier,David Dollar Pdf

Globalization - the growing integration of economies and societies around the world, is a complex process. The focus of this research is the impact of economic integration on developing countries and especially the poor people living in these countries. Whether economic integration supports poverty reduction and how it can do so more effectively are key questions asked. The research yields 3 main findings with bearings on current policy debates about globalization. Firstly, poor countries with some 3 billion people have broken into the global market for manufactures and services, and this successful integration has generally supported poverty reduction. Secondly, inclusion both across countries and within them is important as a number of countries (pop. 2 billion) are failing as states, trading less and less, and becoming marginal to the world economy. Thirdly, standardization or homogenization is a concern - will economic integration lead to cultural or institutional homogenization?

Handbook of Globalisation and Development

Author : Kenneth A. Reinert
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 55,8 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781783478651

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Handbook of Globalisation and Development by Kenneth A. Reinert Pdf

Characterised by conceptual diversity, the Handbook of Globalisation and Development presents contributions from prominent international researchers on all aspects of globalisation and carefully considers their role across a whole host of development processes. The Handbook is structured around seven key areas: international trade, international production, international finance, migration, foreign aid, a broader view, and challenges. Adopting a multi-disciplinary approach, the section on ‘a broader view’ delves into dimensions of globalisation and development that go beyond the mere economic, such as: culture, technology, health, and poverty. Carefully crafted, the chapters herein offer a rigorous and comprehensive assessment of the available research to date and provide an assessment of policy options across all areas considered.

Development Issues in Global Governance

Author : Benedicte Bull,Desmond McNeill
Publisher : Routledge
Page : 230 pages
File Size : 55,5 Mb
Release : 2007-01-24
Category : Business & Economics
ISBN : 9781134163007

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Development Issues in Global Governance by Benedicte Bull,Desmond McNeill Pdf

This is a new study of how and why multilateral organizations are increasingly working with private actors, including for-profit companies and corporations; business organizations and private foundations.

Globalisation and Natural Resources Law

Author : Elena Blanco,Jona Razzaque
Publisher : Edward Elgar Publishing
Page : 445 pages
File Size : 41,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9781849808668

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Globalisation and Natural Resources Law by Elena Blanco,Jona Razzaque Pdf

'This book is a very welcome addition to publications on globalisation and natural resources management. It adopts a very broad approach to this important subject – it includes the general issues, such as trade and investment. It deals with very complex questions of permanent sovereignty over natural resources; the right to development; the role of indigenous peoples in resource management. This publication also provides the reader with general underlying principles and approaches to natural resources management, such as sustainable use; the precautionary principle; the principle of common but differentiated responsibilities and the ecosystem approach, regulatory approach etc. The book is very analytical and gives a lot of food for thought for readers.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'The book is the first of its kind to deal in depth with complex, cross-cutting issues relating to globalization and natural resources. The authors demonstrate not only a broad range of knowledge but also provides deep insights into what will be needed to make the transition from economic globalization to sustainable globalization, including improved resource efficiency and sustainable development, and inclusive and participatory governance. In particular, the authors consider specific approaches in such sectors as water resources, renewable energy, and biological resources. The book has carefully documented and analyzed numerous international, regional, and national legal frameworks as well as relevant theories and principles. It is a must for every law library as well as for policy makers, administrators, academics, non-governmental bodies, and civil societies. We owe a great debt to the authors for their painstaking, comprehensive research.' – Koh Kheng-Lian, National University of Singapore 'Globalization as a means of aptly capturing political, social, cultural, and above all else economic phenomena has been well-documented and the subject of a multitude of comment. What has perhaps been less well studied is its relationship with natural resource management. Thus this work by Merino-Blanco and Razzaque is to be commended. Moreover, by focusing on globalization, an important truth is revealed. It is neither about the diminution of the role of the State nor the ascendancy of the multinational corporation, but rather a more nuanced and complex interaction, which we are only beginning to appreciate. This book is an important contribution to that debate.' – Duncan French, University of Sheffield, UK 'While sustainable development requires State regulation of the exploitation of natural resources, globalisation, as originally conceived, pushed for "free and unfettered" markets creating a fundamental tension between the two approaches. This book attempts to find a way towards their reconciliation with inspiring results. The book explores many themes, especially how globalisation may contribute to the solution of the problems it has caused by helping to empower non-state actors around the world so that the international decision-making processes become more inclusive, transparent and oriented towards sustainable development.' – Ximena Fuentes, Universidad Alonso Ibanez, Chile and ILA Co-Rapporteur on the Commission on Sustainable Development This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.