Law Commons^™

The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?, Yaser Amouri Dr., Saja Majdoubeh Ms.

UAEU Law Journal

While regional human rights charters are established to consider the specificities of their respective regions and are expected to provide either undiminished or restricted protection, aiming to create a more equitable protection system than the international one, the regional charters have often followed the same path as the international agreements. In these charters, certain provisions have been included under the pretext of "public interest" to restrict certain group rights. Undoubtedly, this term has directly influenced court decisions within regional human rights protection systems, leading to various limitations on human rights and granting courts the power to subject these rights to …

Features Of The Demise Of The Theory Of Sovereign Acts In The Field Of Judicial Review Over Enforcement Of International Treaties, Sofiane Abdelli Judge, Phd

UAEU Law Journal

The theory of Sovereign Acts (acts of state) is a real departure from the principle of legitimacy and the state's submission to the law. The French Council of State invented this theory only to protect its existence and competence from the government's reaction on the eve of the return of the monarchy, it was only to fortify some of its acts from its control and to courtesy the government through its rulings.

However, the orientations of the State Council in its early stages have known many transformations, especially in the area of limiting the effects of the implementation of that …

السمات القانونية لاتفاقية مكافحة جريمة إبادة الجنس البشري في القانون الدولي العام - د. سعيد محمد باناجة

UAEU Law Journal

هذا ما سنتناوله في بحثنا وفقاً لاتفاقية مكافحة جريمة إبادة الأجناس البشرية المبرمة في 11/12/1945 والمكونة من تسع عشرة مادة، من ناحية قانونية وفق قواعد القانون الدولي العام وتحليل ذلك.

اتفاقية لاهاي لعام 1970 م الخاصة بقمع الاستيلاء غير المشروع على الطائرات

UAEU Law Journal

من المعلوم أن القانون هو وليد الحاجات الإنسانية، ولذلك فإن التشريعات القانونية تعقب عادة المخترعات العلمية تنظم استخدامها .

وتأسيساً على هذه يمكن القول إنه لو بقيت الملاحة الجوية سليمة ومضمونة كما كانت بين 1945 و 1955 لما ظهرت أية حاجة إلى عقد اتفاقيات دولية تمنع الاستيلاء غير المشروع على الطائرات وهو الجرم الذي نطق عليه تبسيطاً جرم اختطاف أو خطف الطائرات والذي تم عقد اتفاقية لاهاي تاريخ 16 كانون الأول ديمسبر 1970 لردعه والمعاقبة على ارتكابه .

الإطار القانوني للحرب الجوية- د. إحسان هندي

UAEU Law Journal

No abstract provided.

Positive Approach To The Disputes Over The Three Islands Abu Mosa, Tunb Al-Kubra And Tunb Al-Sughra-نظرة موضوعية في النزاع بين إيران ودولة الإمارات العربية المتحدة بشأن الجزر الثلاث, Medwis Fallah Al-Rashidi

UAEU Law Journal

The Gulf States have bitterly experienced the horrible and destructive wars of 1980 and of 1991, the underlying reasons of which were territorial claims and counter-claims, according to which none of these recognized principles had been applied in good faith.

Unfortunately, the rise of the imminent danger of a third war can be expected sooner or later, as a result of the building up of the controversy between the Islamic Republic of Iran and the United Arab Emirates (U.A.E.). Concerning the sovereignty over the three islands of Abu Mosa, and of Greater and Lesser Tunb’.

The Iranian claims and the …

Status On Killing Of Civil Fighters Participating In Fighting Against Muslims-حكم قتل المدنيين الحربيين حال اشتراكهم في محاربة المسلمين

UAEU Law Journal

This research tackles one of the subjects known nowadays as "Public International Law” or “Internationl Relations Jurisprudence".

It is aimed by this to define Islam provisions related to killing of enemy civilians if they participate in war against Muslims, in addition to consequent religious, civil or penal liability upon the killer of civilians.

It explains that jurisprudents have two main opm10ns in defining the term “non-fighter enemy members" who are defined nowadays as “civilians". The first opinion defines them as Women, children and messengers. The second opinion defines them as "anyone who does not fight due to physical or traditional …

Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano

UAEU Law Journal

The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2]). …

Provisions Of War Crimes According To The Islamic Legislation And International Law, Abdel-Majid Al Salahin

UAEU Law Journal

The Subject "war crimes" has become one of the contemporary issues at the international levels. It has also became of major concern in the audio and visual media; therefore, it has become a topic worthy of investigation from the points of view of Islamic Law and International Law. The research, therefore, investigated the concept of was crimes and compared the components of war crimes both in Islamic Law and International Law. The research explained the types of war crimes as viewed by Islamic Law, and cited practices which Islamic Law considers as war crimes such as the killing of prisoners, …

International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano

UAEU Law Journal

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.[1] Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility of …

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

UAEU Law Journal

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, …

Sovereignty In Light Of International Developments

UAEU Law Journal

The doctrine of sovereignty is well recognized by the international community. It governs inter-states relations. International law preserves the sovereignty of states on an equal basis. However, contemporary developments at the international arena reveal that the doctrine of sovereignty is still an evolving one .Its effects and limits are being redefined in the context of permitting intervention in states international affairs on several grounds. They include the protection of human rights, promoting democracy, combating international terrorism, imposing fact-finding committees, pre-emptive war and humanitarian intervention. This article examines the impact of these developments on the doctrine of sovereignty

Islamic Jurisdiction Over Moslems In Non-Islamic Countries, Othman Jumaa Dhamiriya

UAEU Law Journal

The relationship between Muslims and Non Muslims increased in social, economic, and political spheres in the non-Islamic counties, especially after emigration of the Muslims there. Different issues appeared, some of which dealt with foreign relationship, and others with the limits of jurisdiction of Islamic state over the behavior of Muslims in Non-Islamic country. The Muslim jurists had discussed these matters before the positive law did under the title :( Dispute laws), and knew the proper rules that fit the matters.

The research concluded with the notion that the bases are the limitation of jurisdiction of Muslims state, and the submission …

Diplomatic Immunity Between Islam And International Law: Comparative Study, Arif Khalil Abu Eid

UAEU Law Journal

The research deals with the diplomatic immunity in Islam, which give the political delegate some diplomatic privileges where he can do his duties in other countries that he represent his country in, without any constriction, or fear of his life, wealth, assistances, and his residence. There are some contemporary claims that Islam did not know anything about diplomatic immunity, and it is new in the international law, this claim is totally wrong, the Muslims knew about diplomatic immunity since the establishment of Islamic state at the time of the prophet Muhammad (PBUH).

The text from the Qur’an and the Sunnah …

The Lebanese Crisis Of Summer 2006 In Terms Of Jus Contra Bellum, Giovanni Distefano

UAEU Law Journal

As the title denotes, the present article focusses on the application of ius contra bellum rules ; in other word, the author will examine States' and non-State actors' conducts during summer 2006 events through the sole spectrum of rules relating to the right to the use of force in intern national relations, formerly known as the right to wage war. Thus, this article will not deal with the body of rules pertaining to the conduct of belligerents during armed conflict, i.e. the ius in bellum. Therefore, special, yet not exclusive emphasis will be put on Israel's title to resort to …

The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa

UAEU Law Journal

The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …

Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi

UAEU Law Journal

At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.

The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation …

Theories On Territorial Sovereignty: A Reappraisal, Giovanni Distefano

UAEU Law Journal

Territory and its normative translation, that is territorial sovereignty, are still the cornerstone of contemporary international legal order, as Article 2 (1) of the United Nations Charter solemnly declares. Hence, it is not without interest to enquire into this fundamental legal notion. This article purports to analyse firstly different legal theories which have been advanced so far in order to explain the legal relationship between State and territory; secondly, the so-called mode of acquisition of territorial sovereignty; thirdly, specific territorial situations (such as international administration, protectorates, servitudes, etc.); fourthly, the role of such peremptory rules of public international law (ius …

Freedom Of Speech In International Law, Zaid Ali Zaid

UAEU Law Journal

Freedom of speech is best understood as freedom of expression since ideas and opinions can be expressed by conduct as well as by words. In fact, modern technology permits unique methods or ways of expression via the worldwide web with little means of regulating and limiting free speech and expression. Freedom of speech and expression are considered to be inalienable civil rights of all democratic systems. Be that as it may, even in the context of democratic freedoms, free speech and expression are subject to limitations calculated to minimize harm.[1] As such, democratic nations recognizing and indorsing the right …

Rules Of Judicial Interpretation Of The International Treaty "A Study Of The Law Of Treaties, Adel Ahmad Al-Taié

UAEU Law Journal

This research is based on two hypotheses. Firstly, the international justice is the most appropriate instrument to explain the ambiguous provisions in international treaties when applied to national domains. Secondly, the Vienna Convention on the Law of Treaties (1969) is the best general framework for any study on matters of treaties, among which are rules of interpretation. By linking the two hypotheses, the international justice must apply the Vienna rules as one of two things; first; those rules have one level of importance, namely, multiple elements of a single rule, and that these elements should be working "integrally" to create …

The Extent Of The State’S Responsibility To Compensate Crime Victims: Basis And Scope A Study In Jurisprudence And Comparative Legislation, Abderrahmane Khelfi

UAEU Law Journal

The issue of compensation for crime victims has so alarmed the researchers in the field of law that concern has risen to find solutions for the victims of crime to receive fair and just compensation in situations where the perpetrator of the crime is unknown or indigent. Criminal jurisprudence leans toward contemporary criminal accountability of the state towards the victims whereby it must ensure compensation in a way that guarantees their dignity and prevent them from launching complex legal action in vain. This is dealt with via the paper's discussion of the emergence and development of the idea of obligating …

Landmines And International Liability In Public International Law And Islamic Law A Comparative Study

UAEU Law Journal

Landmines are considered as one of the arsenals of conventional weapons of armies and are originally used as a means of defense to protect an area, stop the advance of the enemy, or to inflict the greatest possible loss on them. However, their increasing destructive power has caused a lot of and material and human losses incurred by the innocent. This requires the international actors to move in order to remove the pain, especially that suffered by civilians, so humanitarian considerations should take precedence over military necessity. In the spirit of spreading safety and security, Islamic law prohibits the use …

The Legal Basis Of The Illegitimate Invasion And Occupation Of Iraq

UAEU Law Journal

The invasion and occupation ofIraqin 2003 had a big impact on international relations and the United Nations organization. The author will argue the illegitimacy of such an invasion and will point out the legal basis of said argument. All American allegations to justify the invasion of Iraq will be examined and will be proven illegitimate.

The study will also include a discussion on whether the invasion of Iraq can be considered as a crime against peace, and whether the American and British soldiers in Iraq committed war crimes and genocide. Next, the types of courts which have jurisdiction over such …

The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury

UAEU Law Journal

This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of …

Humanitarian Assistance Between Legitimate Intervention And Conflict With The Sovereignty Of The State, Bensahla Thani Ben Ali

UAEU Law Journal

My analysis of the international assistance showed that the threats of international peace and security have not ceased to spread, and agression is not the only cause. Human catastrophes such as the ones that result from wars and those that are caused by natural disasters appear as factors that represent a serious threat to peace. In fact, international legislation has put forward restrictions on the principle of non-ingerence whenever the aim was to safeguard international peace and security. However, this has become a reason to interfere to offer humanitarian assistance. It is therefore no longer required to have the agreement …

The "Sovereignty" Of The State In Cyberspace, Mustafa Naouse

UAEU Law Journal

The principle of "Sovereignty" is no longer limited to the political dimensions as was the case in the last two centuries. A new technological dimension has been added to the already established original meaning. This is obvious through the states efforts to control their own distinctive domain names on the Internet. These names are assigned by ICANN[1]. It is a US (California) based international non-profit organization that controls distributing domain names on the Internet and the internet management processes. It can authorize entities to control their own domain names. It can even reassign or cancel the names of …

The Legal Regulation Of Humanitarian Relief Actions In Armed Conflicts, Wael Allam

UAEU Law Journal

Armed conflict is one of the main causes of humanitarian disasters which may result in the inability of parties in armed conflict to provide basic goods and services and thus depriving civilians of basic necessities of life.

With the course of armed conflict, the parties to the conflict may not be able to provide essential supplies to the population. Hence, there is no way to preserve the life, health and dignity of the population but through the work of humanitarian relief provided by States and humanitarian organizations. For this reason, it is important to study the topic of "the legal …

The United Nations Efforts In Combating The Recruitment Of Children In Armed Conflicts, Dahya Abdullatif

UAEU Law Journal

UNICEF estimated that more than 300.000 children under the age of ten are currently being exploited in more than 30 armed conflicts around the world. While the majority of child soldiers are between 15 and 18 years old, some of them do not exceed the age of 7 or 8 years old.

This study highlights the role of the UN in reducing this phenomenon. We have tried to demonstrate what this organization has done through its various departments to protect children during armed conflicts through peace keeping operations from the General Assembly and through the Security Council, which had an …

The International Legal System For The Protection Of The United Nations Peacekeeping Forces

UAEU Law Journal

In this research, we deal with International Legal System for protecting UN Peace Keeping Forces, based on the important and increasing role, which such forces practice in international relationships.

By this study, I find that international protection system has not achieved its intended purpose. It is stained by inability and ambiguity. Such is a natural result of the fact that such system has been formulated as reaction to the assaults, which such forces were subject to recently.

The rules and immunity of UN Peace Keeping Forces remained dispersed within international legal texts.

No clear criterion has been formulated to apply …

Wither Away State Right To Wage War Unilaterally, Giovanni Distefano

UAEU Law Journal

One only has to look into the history of international relations to realize that the use of force has been intrinsically related to the ius gentium. For example, it is quite revealing that international law, as a scientific discipline, emerged from this relation. There are also many publications from the founding fathers that are related to this branch of law and which tittles specifically mentioned the law in war. To this end, one can relate to the works of De Vitoria, Suarez, Molina, Grotius, etc. Thus, it would not be too bold to claim that the modern international order …