International Construction Law Review
BOOK REVIEW
DOUG JONES
Globalisation and New International Public Works Agreements in Developing Countries. By Judge Dr Mohamed A M Ismail. Ashgate Publishing Ltd. 2011. Hardback. ISBN 978-1-40942-796-4. 280 pp. plus 3pp. Tables, 15pp. Index. £63.00.
This book, which had its genesis in articles written by the author for the International Construction Law Review, provides a fascinating insight into a range of issues associated with international public works agreements and public private partnership agreements in the context of civil law, particularly that of Egypt.
The book deals with the legal character and definition of international public works agreements, discusses PPPs in developing countries, examines the nature of performance obligations and remedies for non-performance and delay and discusses mechanisms for dispute resolution in the context of the contracts which it considers.
Topics which will be of interest to readers unfamiliar with the civil law system of public contracting include the enforceability of penalties for delay, but the need to prove some loss for liquidated and ascertained damages, and the reluctance, of civil law systems, and particularly that of Egypt, to embrace remedies of arbitration in the context where principles of administrative law govern the relationship between the public sector and providers of services to government.
The topic of globalisation is addressed by the author examining the impact of common law concepts on the civil law principles with which he deals. Clearly there has been some influence of these concepts in the way in which the law relating to international public works contracts is interpreted and enforced.
The author has immense experience in the law, and public policy associated with the subject and this publication will provide a very useful insight for those unfamiliar with civil law concepts with an interest in providing construction services in the Middle East which in many jurisdictions relies upon law and jurisprudence emanating from Egypt.