تأصيل فكرة العقد الإداري الدولي كأداة للعولمة : دراسة مقارنة

الملخص EN

The adherence of states to the traditional theory of administrative contracts has become an abnormal behavior that stands in the way of achieving the public interest, which is the essence of establishing the administrative contract, in a way that distinguishes it from the legal superiority of the contracting state to ensure the achievement of the public interest.

Since the requirement of the traditional system in contracting, the entry of the state as a party to the contract with its general authority at the internal and external levels, contradicts the requirements for building a contractual relationship that crosses international borders, the states and their contractors found it necessary to modernize international administrative contracts in line with their connection with the interests of international trade.

From all this, it has become the adherence of states to the traditional theory of administrative contracts, in a way that distinguishes it from the legal superiority of the contracting state to ensure the achievement of the public interest.

An abnormal behavior that stands as an obstacle to achieving the public interest is the essence of establishing an administrative contract.

Therefore, the requirement of the traditional system of contracting, the entry of the state as a party to the contract with its general authority at the internal and external levels, conflicts with the requirements of building a contractual relationship that crosses international borders.

From this point of view, the states and their private law contractors within the framework of international trade found the need to agree to include more contractual conditions or legal solutions related to the rules of private law, intertwined with the contractual system and harmonizing its administrative nature with its economic content, and makes it characterized by a hybrid legal nature of the rules of public and private law, allied to build a nodal technique that suits the economic performance of the contract as a legal and economic tool for globalization, and it is therefore not a legal and economic fact that can be controlled by blatant text in legislation or judicial rulings and decisions of international arbitration centers, as well as the difference Jurisprudential opinions in adopting a particular term can indicate it.

In this way, it is inevitable to put the idea of the international administrative contract into a general framework, which is entrusted with the rooting of its idea as a tool for globalization, by referring to the texts of legislation, judicial rulings and the opinions of jurists.