تَأْثِيرُ الْعَوْلَمَةِ عَلَى "عُقُودِ التِّجَارَةِ الدَّوْلِيَّةِ في الدُّوَلِ النَّامِيَةِ"

علي التميمي

doi:10.64184/ajlps.V1.I1.Y1.P%p.78

Authors

علي التميمي عربي Author

DOI:

https://doi.org/10.64184/ajlps.V1.I1.Y1.P%25p.78

Keywords:

العولمة, العقود الدولية, العدالة العقدية

Abstract

This research studies and analyzes one of the most prominent legal topics with a growing impact on “international trade relations,” namely “the impact of globalization on international trade contracts in developing countries.” It highlights how the legal systems in these countries interact with the requirements of globalization, which has established a modern pattern of contractual relations based on economic openness and legal integration. Globalization is no longer just a political or economic slogan, but has become a legal reality imposed by international legislation, agreements, and global commercial institutions, which has created major legal challenges for developing countries that are striving to align their local legislative system with international standards. In light of this, the research relied on analyzing the general framework of globalization and the manifestations of its impact on commercial legislation and trade contracts. A comparative study was also devoted to Iraq and Lebanon to demonstrate the extent to which these countries have adapted to this phenomenon. Accurate results were reached, indicating that globalization imposed a contractual pattern that favors major economic powers, which created an imbalance in the balance of contractual justice, and that the response to modernizing legislation available in developing countries varied in its effectiveness. This study concluded with recommendations, which in They all aim to enhance legal balance and ensure contractual protection for vulnerable parties within an interconnected international environment.

References

First: Books, Printed Materials, and Dictionaries

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Second: Articles and Studies

7. Dr. Mona Saber Fadel Hassan, Limiting the Incoming International Competition in Light of the Implementation of World Trade Organization Agreements (Unpublished Doctoral Dissertation, Abu Bakr Belkaid University – Tlemcen, Algeria, 2020), pp. 268–276.

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III. Agreements and Treaties

11. United Nations, United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 11 April 1980; entered into force 1 January 1988), Official Journal of the United Nations, Vol. 1489, p. 3. Iraq signed it on 5 March 1990 and it entered into force domestically on 1 April 1991.

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VI. Publications and Research

31. Arab Institute for International Trade (ICCI), Incoterms® 2020, translated by the International Chamber of Commerce, 2019, Part 1 (Definitions and Conditions), pp. 4–10. 32. "International Chamber of Commerce Arbitration Rules – Arabic Edition 2021, Articles 1–4 (General Rules), pp. 5–15; Annex VI (Urgent Procedures), pp. 80–84."

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34. "Jamil Muhammad Mustafa, Commentary on the 1980 Vienna Convention on Contracts for the International Sale of Goods, Dar Al-Nahda Al-Arabiya, Second Edition 2005, Chapter on the Formation of the Contract (Articles 14 and 18), pp. 45–60; Chapter on the Allocation of Risks (Articles 66–70), pp. 210–230; Liability for Breach (Article 73), pp. 245–250."

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36 The International Trade Law Committee of the Arab Council, International Trade Treaties and Agreements: A Critical Analysis, Center for Arab Studies, 2018, Part Two (Enforcement and Arbitration Mechanisms), p. 78.