الاتجاهات الحديثة للتخلي عن الاختصاص القضائي الدولي في ضوء حكم محكمة النقض المصرية الصادر بتاريخ 24 3 2014 : دراسة تأصيلية تحليلية مقارنة

Abstract EN

This article comments on the recent decision of Egyptian Court of Cassation, issued on 24/3/2014, which adopted a stand in favor of abandoning international jurisdiction for the benefit of a foreign court, as opposed to the traditional decisions of the Egyptian judiciary, stable since the fifties of the last century, to reject all forms of abandonment of international jurisdiction.

This article discusses this decision from a philosophical perspective, dividing the development of private international law into two stages.

The first stage is coordination between legal systems, which originated in the sixties of the last century as a reaction to, and to alleviate, adherence to the radical idea of territorial sovereignty in the field of international jurisdiction.

The second stage concerns the development of the global legal system, which began its inception in the nineties with the growth of ideas of globalization, which are contrary to the idea of independent sovereign States.

Finally, the article’s analysis reveals that the decision of the Egyptian Court of Cassation was influenced by the developmental stage of global legal system and the framework of contemporary private international law within which it was decided.