Abstract

In light of global developments across political, social, economic, and developmental dimensions, sustainable development has emerged as a vital pillar for advancing societies. The Draft Libyan Constitution of 2017 reflects this orientation, particularly in Article (22), which stipulates the state’s commitment to ensuring social justice, balanced and sustainable development through the rehabilitation of cities and villages, fair distribution of wealth, projects, and services, as well as providing equal job opportunities, encouraging investment, and addressing the needs of less-developed regions. Through an analysis of this article, the study highlights the state’s obligation to advance urban development and implement projects that serve the public interest, especially in light of the destruction and stagnation caused by the 2011 events, which damaged infrastructure, halted major projects, and suspended the activities of international construction companies—leading to the disruption of development and public services. The study concludes by emphasizing the importance of achieving developmental balance across regions, fostering projects that promote good governance, and advancing production methods and techniques. Sustainable development, it argues, rests on the integration of economic growth with the preservation of natural, environmental, and social resources, thereby ensuring a comprehensive approach to a sustainable future. Keywords: Constitution, Sustainable development, Social justice, Libya 2017.

Abstract

Foreign investments are among the most significant economic variables, playing a key role in generating productive capacities, which in turn increases the gross domestic product (GDP). They also finance economic development by transferring modern technology and diversifying income sources. The importance of this topic is highlighted from both economic and legal perspectives: economically, foreign investments contribute to the economic and social development of host countries by increasing foreign exchange revenues and introducing modern technology. Legally, legislators establish a special legal framework for investment through investment laws, as in Libya under Law No. (9) of 2010 on Encouraging Investment. Despite the issuance of this law, many questions arise regarding its effectiveness and contribution to forming strategies for reconstruction and policies to promote foreign investment.

Abstract

Administrative contracts are among the most important legal instruments used by public authorities to achieve their objectives in providing public services and promoting the public interest. These contracts are characterized by a special legal nature that distinguishes them from civil contracts, granting the administration unusual powers to modify contract terms, supervise execution, impose penalties, or terminate the contract to serve the public good. The study focuses on three main areas: the definition of administrative contracts, the criteria distinguishing them, and their main types according to the Administrative Contracts Regulations and Libyan judicial rulings. It identifies three essential elements of an administrative contract: one party must be a public legal entity, the contract must relate to a public service, and it must include exceptional clauses not commonly found in civil contracts. The study also reviews the main types of administrative contracts in Libya, including public works contracts, supply contracts, and concession contracts, highlighting their role in facilitating administrative operations and achieving general development in accordance with administrative law. Keywords: Administrative contract, Administrative law, Public service, Exceptional clauses, Libya.

Abstract

The search for financing sources for economic development and reconstruction in Libya is one of the main challenges facing post-2011 development plans, amid infrastructure damage, unstable public revenues, and the prioritization of salaries over development in the national budget. This study proposes Islamic sukuk as a tool for financing development and reconstruction in Libya, drawing on contemporary international experiences from Malaysia, Sudan, Saudi Arabia, and the UAE, using a comparative approach. The study presents a model of government participation sukuk called “Reconstruction Sukuk,” aimed at funding reconstruction and infrastructure projects, benefiting both economic development and sukuk holders. The study recommends establishing a legal framework for these sukuk, creating a supervisory authority to issue and monitor them, ensuring Sharia compliance, and raising public awareness about the importance of sukuk investment, free from usury concerns. Keywords: Islamic sukuk, economic development, reconstruction, Islamic finance, Libya.

Abstract

The growing understanding of the importance of sustainable development as a necessity to achieve a balance between the needs of the present and the necessities of the future has made it a humanitarian priority. No national or international policy can be developed without making sustainable development its basis. International law has laid a groundwork to preserve humanity’s right to sustainable development. The human right to sustainable development requires individual and collective states to engage diligently, based on goodwill, in implementing commitments, fostering genuine cooperation, and exchanging experiences. This study aims to shed light on sustainable development in international law, both in terms of its historical evolution and the legal measures adopted to establish the right to sustainable development in international law. Keywords: Sustainable Development, Stockholm Declaration, Rio Declaration, Johannesburg Declaration, World Summit on Sustainable Development, United Nations Organization.

Abstract

Reconstruction is an urgent challenge that needs to be undertaken promptly, especially in heavily affected areas. Given the current state revenues and government spending, direct reconstruction by the state is very difficult. Therefore, mechanisms must be established to enable local and foreign investment to contribute effectively to the reconstruction process. Foreign investment is particularly crucial during the reconstruction and economic development phases. However, challenges exist, including the need to amend and update current legislation, as well as the need for clear strategies and visions to develop investment. This study discusses the role of investment law in reconstruction and addresses the challenges and obstacles facing investment and its contribution to reconstruction. Keywords: Investment Law, Reconstruction, Foreign Investment, Economic Development.