Law Commons^™

The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit

UAEU Law Journal

Arbitration as means of settling commercial disputes between parties of different nationalities has been a popular and successful alternative to national court proceedings. Moreover, arbitration allows the parties to choose the applicable law governing their agreement. International arbitral rules generally allow the parties to an arbitration agreement to choose the substantive law that will govern the dispute. 1 However, this right of choice of applicable law involves various elements, one of the most troublesome of which is the choice of substantive law to be applied in a given dispute. An arbitrator is bound to reach a decision in accordance with …

Criminalizing Terrorism Funding: "A Study In The Jordanian Legal System", Abdulellah Mohammed Alnawayseh

UAEU Law Journal

Terrorism Funds considered as modern issue which has been given an important attention by the international community in particular after the adoption of the international convention on the suppression of the financing of terrorism in 1999 and the security council resolution number 1373 dated 28 September 2001 which came after the 11^th September attacks. This resolution has forced the UN members to criminalize terrorism funds and money laundry.

Jordanhas ratified this convention by adopting legislation number 83 in 2003, and criminized bank activities which are related to terrorist activities in paragraph 2 article 147 from the criminal code. This …

The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun

UAEU Law Journal

This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.

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 …

The International Protection Of Water And Water Resources In Times Of Armed Conflict, Rokaya Awasharih

UAEU Law Journal

International and non- international armed conflicts have witnessed the use of water as a weapon in order to reverse the battle balance by combating parties. Aggressive acts were turned towards water resources and its equipment. Therefore, dams, water reservoirs, and energy generation centres were attacked. Besides water resources were poisoned by throwing cadavers in rivers and lakes which has led to a number of dead. This latter has surpassed the one killed in fighting acts.

So we will try through this study to shed light on the protection systems designed for water and water resources during armed conflict. We will …

Internet Law, Taleb Hassan Musa, Omar Mahmoud Aamer

UAEU Law Journal

This paper aims to illustrate the basis of cyberspace law and its potential environment. Indeed, the laws governing the cyberspace are still premature at both national and international levels. This is due to the undefined nature of cyber borders that globalize the Internet in contradiction with the geographic borders. Hence, individual countries are losing part of their sovereignty as result of globalization of the internet to a point it is becoming a borderless space with no laws and regulations. This urges to agree on new international legislations to handle any acts that are not confined by geographical borders or any …

International Cooperation In Combating Modern Forms Of Maritime Piracy, Hanan Malaeb

UAEU Law Journal

Maritime piracy has increased since 2008, posing a real threat to the international peace and security. Therefore, many voices criticized the international legal legislations related to maritime piracy and accused them of being incapable of dealing with this widening phenomenon, being very limited to a few articles contained in the United Nations Convention for the law of seas of 1982. That criticism necessitated to study all the international legislations related to piracy, which were issued before and after 2008. As a result, we noticed that all the international conventions related to the sea and the international resolutions issued by the …

The Crime Of Contempt Of Religions In International And National Laws, Dr. Jamal Barafi, Dr. Alia Zakaria

UAEU Law Journal

The protection of the religious sanctities of the individual is not of lesser importance than the protection of his physical entity, because of the relation of these sanctities with his cultural and civilizational entity. There is no doubt that the constant increase of prejudice and abuse of these sanctities require the need to provide adequate legal protection for it. It is well known that the individual has the right, in principle, to choose freely his religious beliefs and practice it’s rituals, but this does not mean that this right is without restrictions and limitations.

Despite the numerous legal provisions that …