SOAS Research Online

Abstract

This study starts with an Introduction, describing the historical background of Egypt. Chapter 1, Origins of the Mixed Courts, covers the build up to the reforms of 1875, and Chapter 2 deals with the Structure and Laws of the Mixed Courts, including their organisation, judiciary, and administration, and how the sovereignty of Egypt was affected. Chapter 3, the first of seven chapters dealing with the history of the courts over their lifespan, is on 1875 to 1885, which covers the first important move of the Mixed Courts-upholding the law against the Khedive, thus showing that even the ruler of Egypt was subject to the law. The British Occupation in 1882, and the establishment of the reformed Native Courts in 1883 are also discussed. 1886 to 1895 sees the Mixed Courts in a more active role, assuming jurisdiction over large companies and institutions. The theory of Government Immunity begins to develop, and this appears again in Chapter 5, 1896 to 1905, in considering the Dongola Expedition. Taxation, Trademarks, Personal Status and General Jurisprudence are all considered. Chapter 6, 1906 to 1915, introduces further cases on Taxation and Company Law, as well as on the definition of foreigners. The 1st. World War is discussed, as is the arrangement of binding precedent from a plenary session of the Mixed Court of Appeal, to resolve disputes within the Mixed Courts. 1916 to 1925 is discussed against the background of rapid political change in Egypt's status, and 1926 to 1937 considers the general work of the Mixed Courts as well as the Salem Claim, a dispute between the USA and Egypt over the Mixed Courts. 1937 was a landmark year, and the Montreux Convention and its effects is considered. 1937 to 1949 sees the closure of the Mixed Courts, the transfer of functions to the new National Courts, and a series of important judgements on the Jurisdictional Immunity of Foreign Armed Forces in Egypt.