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‫االلققاانمونوسى‬

and adopted on a global scale, and that sustainable technologies allow us to combine a high level of prosperity with lower environmental
impacts. Second, stabilization of global populations is appropriate, particularly populations in the poorest countries in order to combine
economic prosperity with environmental sustainability. Third, it is the duty of the developed world to help the poorest countries to escape
from the poverty trap. These three goals – environmental sustainability, population stabilization and ending extreme poverty – are the
essence of the promises of the new millennium(20).

It is true that the latter goals are not only the essence of the new millennium but also the essence of globalization. Protesters of globalization
should note that mutual cooperation between developed countries and developing states may directly lead to a global consensus of understanding
among various civilizations to mitigate cultural controversies and poverty. In light of the new technology that substantially changed life in
recent decades and improved ordinary citizens’ lifestyles in both developed and developing countries, a fundamental factor of a globalized
and harmonized world emerges.

Legal Globalization Phenomenon
Law is a social science that performs an important role as an essential mechanism fulfilling the requirements of all human societies. On one
hand, law reflects and represents the mirror image of a society, determines its common interests and reflects its cultural traditions.(21) On
the other hand, globalization has had its influence on various human societies, breaching cultural barriers through the flow of commodities,
capital, people and intangibles such as culture and values from one country to another.
Information technology developments during the last two decades have facilitated the globalization process and intensified cultural
interaction, especially legal cultural interaction among legal institutions in the entire world. Rigid and traditional legal patterns and traditions
began to accept modifications and enhancements. Some of those patterns began to deteriorate while others created a new legal system with
new characteristics as a result of cooperation among legal cultures.(22) Despite globalization movements and the flow of a new legal culture
to the legal systems of developing countries, as well as to their socioeconomic structure and social traditions, the author strongly believes
that some areas can still preserve their national original identity. The latter concept applies to most developing countries, particularly in the
areas of family law and in social traditions in Middle Eastern societies as well as in other developing countries. Religious beliefs and social
customs practised in these countries are not influenced by cultural globalization in the sociolegal domain. Regardless of minor religious and
social controversy among nationals in developing countries in areas of family law, conservative legal social cultures in Middle Eastern societies
impose the same traditions and customs on the domain of human family relations.
On the other hand, legal matters that are considerably influenced by legal cultural globalization, such as the Administrative Contract
Theory (Le Contrat Administratif), maintain some of their basic features. It is true that penalties and sanctions stipulated in the Administrative
Contract Theory have not changed to date in civil law jurisdictions, even with the existence of new trends aimed at the modernization and
internationalization of the traditional Theory of Administrative Contracts.
Accordingly, in can be said that the rigid patterns of administrative contracts as well as their substance and exorbitant features have
significantly changed in the last decades in the civil legal culture, especially where infrastructure agreements with foreign private entities
are concerned. These new legal patterns such as the introduction of International Public Works Agreements; Build, Operate, Transfer (BOT);
Build, Own, Operate and Transfer (BOOT); and Public Private Partnerships (PPPs) transactions posed the start of a new era in Egyptian legal
culture – one with unique, liberal mechanisms and stipulations.
Legal cultural globalization has had its influence on legislation, litigation and the contractual regime of the administrative contract
(in developed countries such as France and in developing countries such as Brazil, Egypt and Tunisia). For instance in 2004, France issued
Decree No. 559 of 2004, which has changed to a great extent the legal nature of the administrative contract (Le Contrat Administratif), and
Brazil promulgated new PPP legislation. The latter legislation was enacted mainly to increase the Inflow of Foreign Direct Investments (IFDI)
in the infrastructure sector. The Arbitration Act No. 27 of 1994 in Egypt and the PPP new legislation promulgated by the Egyptian Parliament
by Law No. 67 of 2010 are the direct result of legal globalization. The situation in Tunisia is markedly progressing in the area of infrastructure
projects through PPPs and the exploitation of natural resources such as oil and gas with cooperation from European Mediterranean countries
across the Mediterranean Sea. It is of fundamental importance to refer to Latin American states, which have new legislative policies towards
encouraging foreign direct investment (FDI) in the infrastructure sector.(23)
Despite the above-mentioned facts, states still maintain their roles as the employers, regulators and supervisors of these new
types of contracts, although nowadays these roles are limited.
In developed civil law jurisdictions, and especially in France as a leading civil law country, the state (L’Administration) still maintains
its role to a great extent. It supervises the PPP contract as an administrative contract and still has the authority to exercise its unilateral
powers through penalties (e.g., penalty for delay and unilateral termination of the contract – la résiliation administrative ).
Despite some states’ controversial attitudes towards the private sector and the trend towards the encouragement of FDI in the
infrastructure sector, the latter trend is expected to open doors to the private sector to participate positively in economic life. The private
sector has to increase its role in building, financing systems and operating infrastructure projects related to public utilities in developing states.
This approach is particularly relevant to some Middle Eastern and North African states that have been the victims of Socialist ideologies and
state interference in various economic activities in recent decades
In conclusion, as the eminent economist Adam Smith pointed out, the role of the state is confined to basic and fundamental functions.

(20) Jeffrey D. Sachs, Common Wealth (Penguin, 2008), 31–32. 76

(21) Stiglitz (2004, 2007), supra, note 1; Snowdown, supra, note 1.

(22) Mohamed A.M. Ismail, ‘Legal Globalization and PPPs in Egypt, An Analytical and Comparative Perspective on the Current Leg-
islative and Judicial Modifications to and Enhancements of the Administrative Contractual Regime on PPP Transactions’, European
Public Private Partnership Law Review 1 (2010), 54, Berlin.

(23) FDI has significantly increased in Latin America, particularly before the economic crises of 2008, in Brazil and most Latin
America developing states in infrastructure projects and after promulgation of the 2004 PPP Brazilian Act. For details, see: Cecilia
Vidigal Monteira De Barros, ‘PPPs in Brazil’, International Construction Law Review 26, Part 2 (2009), 180–81.

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