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The Validity And Critiques Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States

UAEU Law Journal

No abstract provided.

مدى اعتبار الهجمات السيبرانية انتهاكاً للحظر المفروض على استخدام القوة أو التهديد بها في ضوء أحكام القانون الدولي للجوء للحرب

UAEU Law Journal

Jurisprudence of international law, including the 2013 Tallinn Manual experts, have argued that cyberattacks may constitute an unlawful use of force under Article 2(4) of the UN Charter if it is of such severity as to result in severe human and material casualties similar to that caused by a kinetic attack.

However, it is unclear whether a cyberattack can be included in the scope of Article 2 (4) which is subject to multiple and conflicting interpretations governed by different considerations that can create confusion and

ambiguity regarding its exact meaning, making it difficult to establish an international legal framework governing …

واجب التسبيب كعنصر من عناصر الحق في الإدارة الجيدة "دراسة تحليلية في القانون الأمريكي والمقارن"

UAEU Law Journal

This study deals with the subject of the duty to reason as an element of good administration, and it analyzes the American experience in the field of duty to reason as the only model that was able to move the concept of reasoning administrative decisions from the proceduralist perspectives to the Rationalism perspectives. The Rationalism perspectives, in turn, is the focus and goal of good administration, which it is mainly focuses on controlling the exercise of the discretionary authority of administration and giving rationality to administrative action.

The study concluded that the American concept of the duty to reason is …

محكمة درجة التقاضي الواحدة الخاصة خروجاً عن مبدأ تقاضي الدرجتين تطورٌ جديدٌ في قضاء دولة الإمارات دراسةٌ تحليليةٌ في ظل آخر التعديلات التشريعية سنة 2021

UAEU Law Journal

This study deals with a very important topic related to the recent amendments made by the Emirati legislator to the Civil Procedures Law, where, through which he created an unprecedented new court, which he calls as 'the Special Court'. In his newly adopted regulation, the law makes this court a court of one level of litigation. The study sought to analyse the newly introduced regulation in this regard. The study also seeks to evaluate the legislator's adopted rules regarding this court, both in general and under the principle of two-court's level litigation, so that any imbalances or defects may be …

المحاكم الخاصة في تعديلات قانون الإجراءات المدنية ولائحته التنظيمية لسنة 2021

UAEU Law Journal

In the amendments to the Civil Procedures Law, the Emirati legislator introduced Federal Decree-Law No. 15 of 2021, and its regulations by Ministerial Resolution No. 75 of 2021, the idea of special courts consisting of one degree. It consists of judges with varying experiences. It consists of a judge of first instance and an appellate judge. The Special Court is headed by one of the judges of the higher courts. At the federal level, the Special Courts are headed by a judge from the Federal Supreme Court, and a judge from the Court of Cassation or Cassation at the level …

ماهية الملكة القانونية وتمييزها من غيرها وتقسيماتها

UAEU Law Journal

This study dealt with the legal apprehension, which is a thorny issue, as it is not based on legal rules and stable systematic results. The Legal Apprehension has multiple meanings and objectives for her association with all areas of legal creativity, in terms of legal opinions and proper judicial decisions, and the drafting of legislation that surrounds all legal aspects of community problems.

Given the Apprehension's legal connection to all different aspects of life, we have had to demonstrate its importance in enacting and interpreting legislation in line with the development of societies and the development of life that require …

ضوابط استخدام تقنية النانو في المجال الطبي: دراسة تأصيلية

UAEU Law Journal

The idea of this research is about the Nanotechnology's concept and applications in the Contemporary medical field, with presenting the benefits and the evils of this technology.

The research aimed at clarifying the legal rules of this issue citing evidence the legal evidence, the objectives of the Sharia, and the legitimacy rules.

In this research I've followed the inductive approach to collect the data and the information that is relevant to the topic, As well as the descriptive approach to illustrate the issue from the expert point of view, in addition the analytical approach to break the topic into issues …

الإطار القانوني للمعالجة الإلكترونية للبيانات الشخصية دراسة تحليلية مقارنة 2022

UAEU Law Journal

In order to ensure a high level of legal and technical protection for electronically processed personal data, legislation has established mechanisms to address the dangers resulting from the use of citizens’ personal data, and to legitimately combat the violation of their privacy and freedoms. As well as formulating obligations on the processor, the controller, and the data protection officer, and processing this data as they are among the active elements in the areas of dealing with personal data, whether by collecting, transferring, exchanging, storing, analyzing, or processing in any way.

Obliging institutions, entities and individuals that control and

process personal …

تكييف دور القضاء الدستوري في النظام الديمقراطي دراسة تحليلية مقارنة

UAEU Law Journal

The importance of the research emerges when the constitutional judiciary exercises its constitutional powers, including constitutional oversight. It performs many roles that highlight the reality of its status in the democratic system. These roles can be classified into three main categories. The first is the anti-majority role when it judges the unconstitutionality of the actions of elected bodies. The second role is the representative role when the constitutional judge responds to social demands that have not been met through the political process, and the third role is the enlightening role when the constitutional judiciary strengthens or encourages social progress regardless …

عبد الحميد الواحدي اركان القرار الإداري

UAEU Law Journal

This research deals with the extent to which the pillars of the administrative decision are available in the legal concept within the artificial intelligence system, through a review of the substantive and formal pillars, and an attempt to adapt them within the technical perception of them, to ensure their validity if those decisions are issued by artificial intelligence systems.

Where the formal pillars (represented in the corner of competence and the corner of form), as well as the substantive pillars (represented in the corner of the shop, the reason, the end) were presented to the general extent with

which it …

The Validity And Criticisms Of The Current Approach Of Human Rights Bodies Regarding The Positive Procedural Obligations Of States, Faris Kareem Al-Anaibi Dr.

UAEU Law Journal

This paper questions whether the current approach of human rights bodies with regard to the positive procedural obligations is valid according to both, the domestic legal standards of states, and the mandate given to them in the conventions. It raises important criticisms about the capability of human rights bodies to effectively fulfill their newly assumed task of ordering and supervising prosecutions and punishments in criminal matters. It seems clear that the domestic justice systems of states bear the primary responsibility to bring violators of the right to life and other human rights to justice and action by human rights bodies …

Titrisation Et «Sukukisation» En Droit Tunisien, Nizar Hamrouni Dr.

UAEU Law Journal

Banks and financial institutions sometimes have to invest the debts they owe to others because they need money by transferring them to others through many means, the most important of which is securitization, which is the transfer of debts to a mutual debt fund in exchange for tradable securities in the market. However, securitization in this commercial form led to the transfer of debt-related risks to the financial market, which actually caused the global financial crisis of 2008.

Therefore, sukuk represents the Islamic alternative to securitization in terms of its subjection to Islamic controls, the most important of which is …

The Fine For The Crime Of Issuing A Cheque Without A Balance Between The Ordinary And The Relative In The Algerian Legislation, Bassim Chihab Prof.

UAEU Law Journal

The fine stipulated in Article 374 of the Algerian Penal Code took a special place in both the judiciary and legal jurisprudence, as the legislator made it specific to the value of the cheque or the decrease in the balance. The judiciary described it as a mandatory complementary punishment, and this resulted in important consequences, as it is not valid to rule on it alone, reprieve or reduce it. In view of the developments in the punitive policy, the Algerian judiciary, represented by the Supreme Court, considered this fine as an original penalty, and everything related to this description was …

Restricting The Meanings According To The Hanafi Fundamentalists: Principles And Results, Abdeljalil Zuheir Damrah Prof.

UAEU Law Journal

This research aims to review the phenomenon of restricting interpretations among Hanafi fundamentalists, through an investigation of the historical stages and its most prominent symbols, in light of the clarification of the criteria that limit the sections of meanings, and the foundations on which the restriction was based.

To achieve this goal, the study followed the inductive approach that confines the history of Hanafi fundamentalist research on the subject of verbal meanings, while relying on the deductive analytical approach. It is based on tracing the fundamentalist tendencies that appeared among the late Hanafi scholars to clarify the nature of these …

Strengthening The Home Front To Combat The Corona Pandemic: Al-Juwayni As A Model, Abeer Jassim Al Shehab Dr.

UAEU Law Journal

derived from the book "Al-Ghayathi", and this topic is "fortifying the home front".

The research aims to extrapolate the jurisprudence of Imam al-Juwayni in fortifying the home front through his book, and the consolidation of the term fortification of the home front of the state by studying its concept and legitimacy from the legal evidence, and its comprehensive aspects in Juwayni’s jurisprudence with regard to the Corona pandemic; Such as economic and health security, compared to the decisions of the State of Kuwait in the face of the Corona pandemic and its contemporary applications, coupled with a statement of the …

Disseminating False Medical Information On Websites: Its Ruling And Its Impacts From A Jurisprudential Perspective, Asma Salmeen Al-Aryani Dr.

UAEU Law Journal

jurisprudential rulings and effects of dissemination of wrong medical information on websites. The study follows the inductive and descriptive approach. Some of the most important findings of the study are as follows: Adapting the medical advice revolves around being a lease or royalty agreement, and adapting the unpaid dissemination of medical information is an act of righteousness. The doctor who publishes false information ignorantly is a guarantor. If a doctor who strives to publish information on a website, after verifying it, finds out later on that it is false information, he will be rewarded by Almighty Allah, but he has …

The Influence Of Unidroit Principles On The Evolving Interpretation Of The Contract, Mohammed Sulaiman Al-Ahmad Prof., Dr. Abdullah Fadhel Hamid Dr

UAEU Law Journal

principles, are not mere agreements in which some clauses were inserted by the will of the parties, but rather are real common economic projects between the parties, these contracts are intended to achieve the common contractual interest of the parties by ensuring that their effects remain effective. Because these contracts are in a situation of constant interaction with reality, this requires preserving them from the risk of rescission and invalidity as much as possible, and by various legal means. Perhaps the most important and qualified way to preserve the international commercial contract (the common economic project) is to resort to …