Institutionalising Kant's political philosophy: Foregrounding cosmopolitan right

There exists a longstanding debate over the global institutional implications of Immanuel Kant's political philosophy: does such a philosophy entail a federal world government, or instead only a confederal ‘league of nations’? However, while the systematic nature of Kant's tripartite ‘doctrine of right' is well recognised, this debate has been conducted with all but exclusive focus on ‘international right' in particular. This article, by contrast, brings ‘cosmopolitan right' firmly into view. It proceeds by way of engagement with the two Kantian arguments made in defence of a ‘league of nations’ in discussion of international right, each of which appeals to aspects of states’ supposed ‘personhood’: the first appeals to states’ distinctive moral personality; the second to states’ physical manifestation. The article considers what happens when we assess these arguments not just in light of the demands of international right, but also in light of cosmopolitan right, and thus in light of public right more comprehensively. The answer is that such arguments cannot succeed as full defences of a league of nations. Indeed, when we assess such arguments with cosmopolitan right in view, they point instead – either tentatively or definitively – in the direction of world government

Marxism Lost and Found: Alasdair MacIntyre and the Contemporary Debate

This paper examines the changing nature of debates that focus on the philosophy of Alasdair MacIntyre. Whilst outlining the history of MacIntyre’s engagement with Marxism and some of his key ideas, it argues that it is only recently that such debates have begun to rightfully recognise the continued relevance of Marxism to such discussions. I note that crucial aspects of MacIntyre’s politics and philosophy, particularly his opposition to capitalism, are now integral to the contemporary debate which helps in generating a shared vision of radical politics. Nevertheless, I point out that key disagreements still remain as to the role of Marxism within such debates, the validity of MacIntyre’s critique of Marxism, as well as the potentially problematic post-Marxist practice that MacIntyre advocates in After Virtue and beyond

Civil Law Context for Understanding Employer’s Payment Obligations under Common Law FIDIC

The Egypt civil law (ECL) is founded upon the French civil law principles as well as Shari’a law. Yet, most of the major construction projects carried out in the Egyptian market are based on the standard conditions of contract for international projects published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC, or International Federation of Consulting Engineers), which is based on legal concepts rooted in the common law system. Thus, the stakeholders engaging in construction projects in Egypt need to understand the interpretation of the FIDIC provisions against a civil law background. This paper uses a multistep interdependent desktop research methodology to study the employer’s payment obligation provisions under the FIDIC Red Book 1999 [FIDIC (1999), Conditions of Contract for Construction] [i.e., FIDIC (CONS)] within the context of the ECL. Consequently, similarities and differences between the relevant provisions under the FIDIC (CONS) and the ECL are recognized in relation to contract price, payment mechanisms, and delayed payment. On the basis of such analysis, it was concluded that the allocation of risks related to the contract price under the FIDIC (CONS) is different from the allocation of risks under Article 657 of the ECL [ECL (1948), “Egyptian Civil Law”], which provides the provisions of remeasured contracts. Further, it was clear that the ECL provides a wider range of remedies than the FIDIC (CONS). However, there are limitations on the application of some of the remedies under the ECL. Accordingly, five recommendations were provided to amend Article 657 of ECL in relation to contract price; four suggestions were introduced as additions to delayed payment management under the Muqawala contract; and an amendment to Clause 16.2 of FIDIC (CONS) was introduced. It is expected that this study would better align the stakeholders who are associated with construction projects in the Egyptian market toward managing the payment risks in their projects

Claims for Extension of Time and Additional Payment under Common Law FIDIC: Civil Law Analysis

Lately, Egypt has been at the forefront of multiple megaconstruction projects and the same trend is expected to continue in the future. Since such projects are mainly carried out by international contractors, the associated construction contracts mainly use the standard conditions of contract for international projects published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC). The FIDIC is based on legal concepts rooted in the common law system, whereas the legal doctrine that Egypt follows is founded upon civil law principles as mandated by the Egyptian civil law (ECL). Therefore, employers, contractors, international financing organizations, engineers, and lawyers, who use FIDIC in Egypt, need to understand the interpretation of the FIDIC provisions against a civil law background. This paper uses a multistep interdependent desktop research methodology to investigate the application of the general provisions of extension of time and additional payment of the FIDIC Conditions of Contract for Construction-Red Book 1999, i.e., FIDIC (CONS), in the context of ECL. To do so, provisions of extension of time and additional payment were studied separately under the FIDIC (CONS), and similarly under the ECL. Consequently, the authors conducted a comparative analysis to recognize similarities and differences between both FIDIC (CONS) and ECL. Finally, the authors identified gaps and requirements for successful application of FIDIC (CONS) under ECL. The analysis reveals that the ECL does not provide clear procedures and mechanisms regulating the contractor’s entitlement to extension of time and/or additional payment. Accordingly, it is recommended to add a new, three-part article to the ECL as well as to amend the first two paragraphs of Subclause 20.1 in the FIDIC (CONS). It is envisaged that this research would help stakeholders in the construction industry, entering into projects based on the FIDIC (CONS) in Egypt, to properly manage time provisions and the associated delays and risks leading to additional payment in the construction contracts. This should help minimize, as much as possible, disputes associated with and/or resulting from the delays and claims for extensions of time and/or additional payment. Since most of the Middle East countries follow civil law jurisdictions, and are most heavily influenced by the ECL, it is also envisaged that this research would support effective and efficient contract administration of construction projects in the ME region

Analyzing Termination for Convenience Provisions under Common Law FIDIC Using a Civil Law Perspective

The Egyptian government is investing massive sums of money in several large-scale infrastructure projects that are executed by international contractors. Most contracts for such projects are based on the standard conditions of contract for international projects published by the International Federation of Consulting Engineers (FIDIC). However, the economy in Egypt is currently facing some instability and challenges. Due to that, an employer may prefer to include a clause that entitles the employer to bring the contract to an end for the employer’s own convenience. Although Egypt is a civil law jurisdiction, the FIDIC contract is based on legal concepts rooted in the common law system. Thus, international contractors—who use the FIDIC contract in Egypt—must understand how the FIDIC’s termination for convenience provision is interpreted and applied in a civil law country. To do so, a multistep methodology was utilized. First, the paper separately studies provisions of termination for convenience under the FIDIC 1999 Red Book [FIDIC (CONS)], and similarly under the Egyptian Civil Law (ECL). Second, the authors critically analyze the application of the studied provision of the FIDIC (CONS) in the context of the ECL as the applicable law of the contract. On the basis of the analysis, it is concluded that conditions related to the employer’s entitlement to termination for the employer’s convenience in the FIDIC (CONS) resemble those in the ECL; however, the conditions in the ECL are more advantageous to the contractor due to the existence of the provision for loss of profit in the compensation for damages to which the contractor would be entitled under such termination and the absence of such provision under the FIDIC (CONS). Moreover, the paper provides some recommendations for amendments to be made to the Egyptian Civil Code (ECC) and to the FIDIC (CONS) in relation to the termination for convenience provision. This research should help international contractors understand how the FIDIC’s termination for convenience provisions apply to their projects in Egypt. This would minimize, as much as possible, disputes associated with and/or resulting from such provision. Further, this study is beneficial to other Middle East countries since most of them follow civil law jurisdictions that are heavily influenced by the ECL

Claims for Extension of Time and Additional Payment under Common Law FIDIC: Civil Law Analysis

Lately, Egypt has been at the forefront of multiple megaconstruction projects and the same trend is expected to continue in the future. Since such projects are mainly carried out by international contractors, the associated construction contracts mainly use the standard conditions of contract for international projects published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC). The FIDIC is based on legal concepts rooted in the common law system, whereas the legal doctrine that Egypt follows is founded upon civil law principles as mandated by the Egyptian civil law (ECL). Therefore, employers, contractors, international financing organizations, engineers, and lawyers, who use FIDIC in Egypt, need to understand the interpretation of the FIDIC provisions against a civil law background. This paper uses a multistep interdependent desktop research methodology to investigate the application of the general provisions of extension of time and additional payment of the FIDIC Conditions of Contract for Construction-Red Book 1999, i.e., FIDIC (CONS), in the context of ECL. To do so, provisions of extension of time and additional payment were studied separately under the FIDIC (CONS), and similarly under the ECL. Consequently, the authors conducted a comparative analysis to recognize similarities and differences between both FIDIC (CONS) and ECL. Finally, the authors identified gaps and requirements for successful application of FIDIC (CONS) under ECL. The analysis reveals that the ECL does not provide clear procedures and mechanisms regulating the contractor’s entitlement to extension of time and/or additional payment. Accordingly, it is recommended to add a new, three-part article to the ECL as well as to amend the first two paragraphs of Subclause 20.1 in the FIDIC (CONS). It is envisaged that this research would help stakeholders in the construction industry, entering into projects based on the FIDIC (CONS) in Egypt, to properly manage time provisions and the associated delays and risks leading to additional payment in the construction contracts. This should help minimize, as much as possible, disputes associated with and/or resulting from the delays and claims for extensions of time and/or additional payment. Since most of the Middle East countries follow civil law jurisdictions, and are most heavily influenced by the ECL, it is also envisaged that this research would support effective and efficient contract administration of construction projects in the ME region