International Review of Law

Front Matter

2024-10-10T17:53:34+03:00

Back Matter

2024-10-11T14:37:25+03:00

Editorial Foreword

2024-10-13T08:26:58+03:00

Table of Content

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Table of Content

2024-10-13T08:32:53+03:00

Qatar Public Employee’s Disciplinary Guarantees: Between Legislation and Jurisprudence

2024-10-13T08:42:37+03:00

The purpose of this research is to examine the disciplinary safeguards of the Qatari staff members in accordance with the legal and statutory provisions in which the work is being carried out, the extension of these guarantees to the level of disciplinary time, the preceding, simultaneous and subsequent disciplinary measures, and the extent to which such legislative safeguards are conducive to job security and to protect the staff members from any abuse of authority. This research adopts a descriptive approach based on analysis, extrapolation and elaboration, by analyzing the various legal requirements on the subject and developing disciplinary safeguards provided for in Qatar’s Civil Human Resources Law and Executive Regulation, compared with some of the special legal systems of certain administrative institutions and their applications based on Qatari jurisprudence. The research used the comparative approach as an inference with certain Arab legislation, mainly French administrative jurisprudence. The research reached several conclusions, most notably the proposal to amend certain legal and statutory requirements that frame Qatar’s public office, to strengthen disciplinary safeguards, and to change the administrative judge’s approach to oversight of administrative disputes before him, relating to disciplinary administrative decisions in the public service from control of legality to control of propriety.

The Price in the Case of Instalment Sales–A Critical Study of Decision No. 81/2023 of the Kuwaiti Minister of Commerce and Industry

2024-10-14T11:13:35+03:00

This study aims to evaluate the decision of the Minister of Commerce and Industry (MOCI) issued on 16/5/2023 No. 81 of 2023 regarding the controls and provisions of credit facilities resulting from instalment sales of goods and services, including restricting the price in instalment sales to the price of the commodity in the event of immediate payment. Therefore, the study addressed the distinction between instalment sales and similar contracts, such as Hire-Purchase and financial leasing, because the Kuwaiti Court of Cassation rulings conflicted regarding the classification of these contracts as instalment sales. The researcher used the analytical-critical approach in this study to thoroughly evaluate the decision of the MOCI, considering the provisions of the law and judicial jurisprudence.

The study concluded by criticising the decision of MOCI for two main reasons. The decision is deemed illegal as it violates law provisions and the instructions of the Central Bank of Kuwait. Therefore, it is subject to abolition by the Kuwaiti Administrative Court. The study also highlighted the negative impact of the decision on the national economy. Thus, the study recommended that the MOCI amend that decision by abolishing paragraph (d) of Article 3, as it violates legal provisions and harms the economy. Also, this study recommended that the Court of Cassation unify its principles regarding hiring purchase and financial leasing sales as instalment sales, as this will stabilise legal transactions and protect consumers' rights.

Indigenization, Language and Law: The Trilogy of Science Advancement in the Arab World

2024-10-14T12:02:32+03:00

This study aims to address what can be called the alienation of science from the reality of Arab societies. By presenting the trilogy of indigenization, language, and law as synergistic factors that work to change the landscape of academic knowledge in the universities of the Arab world. In addition, to provide a partial solution to the crisis of Arab social sciences in particular. Through description, analysis, and case study approaches, the study presents its trilogy in three sections: The first reviews the concept of indigenization and its role in building a distinctive scientific and cultural identity, its requirements and conditions. The second deals with the reality of universities and the state of social sciences in them, scientific publishing in foreign languages, and university policies related to deepening the crisis, and language as a tool for indigenization. The third presents the role of law in supporting the Arabic language, and addresses the Qatari law regarding protection of the Arabic language as an example. The study reached a set of results related to the faltering efforts to indigenize science due to weak interest in the Arabic language in universities, and the weakness of laws and policies related to Arabization and protection of the Arabic language, which hinders the role of sciences in advancing Arab societies. The study presented its recommendations to concerned legislators and decision-makers regarding the necessity of amending, activating and enforcing the Arabic Language Protection Law. The study derives its originality by combining three basic concepts, treated in an interdisciplinary manner, to address a multidimensional problem.

Role of Palestinian Banks in Combating Money Laundering under Israeli Occupation

2024-10-14T12:16:02+03:00

This topic was chosen because of its importance in highlighting the role of the Palestinian Monetary Authority (Palestinian Central Bank) and the banks operating in Palestine in combating the crime of money laundering. The research aims to determine the level of internal and external banking supervision over money laundering operations and its relationship to banking secrecy, in addition to identifying the extent of the responsibility of the Monetary Authority and the banks for the crime of money laundering in the Palestinian laws. The research problem is represented in the mechanism of the Palestinian Monetary Authority in confronting the crime of money laundering under the Israeli occupation and the extent of cooperation of the Palestinian and foreign banks operating in Palestine. The researchers used the comparative descriptive analytical approach, and the research was divided into three sections. The first section deals with the legal basis for the role of banks in combating the crime of money laundering, the second section deals with internal and external banking oversight of money laundering operations and their relationship to banking secrecy, while the third section deals with money laundering control. The researchers reached a number of results, including that traditional banking supervisory methods are no longer appropriate in confronting money laundering operations that occur using electronic media, and that the bank and the employee who commit the crime of money laundering are criminally and civilly responsible for the crime and the damage it causes. The researchers recommended a set of recommendations, the most important of which is that the Palestinian legislator must reconsider the punitive provisions contained in Decree Law No. 39 of 2022 regarding combating money laundering and terrorist financing, by working to add penalties related to the legal personality of the bank that are compatible with its nature.

Artificial Intelligence Crimes and Countermeasures: Deepfake Crimes as a Model

2024-10-14T12:54:48+03:00

The rapid development of artificial intelligence applications and their widespread use has triggered this study. It aims to shed light on an emerging phenomenon of artificial intelligence crimes, known as Deepfake technology. This topic is among the modern subjects in the field of criminology that has not yet received sufficient attention. There are few Arab and Western studies that have addressed Deepfake technology without elaborating on its types and countermeasures. The research problem centers around the nature of the crimes that can be committed using Deepfake applications and examining the extent to which Anti-Deepfake laws are effective against malicious use of this technology. The researcher adopted an inductive analytical approach and a descriptive method based on gathering information from various academic and non-academic sources. Additionally, a comparative approach was used. The research concluded with several results, the most important of which are: Deepfake technology is a double-edged sword that can be used to commit traditional crimes in a modern way. Therefore, we recommended the need to issue special legislation for Deepfake that addresses the types of crimes, punishment and compensation for the damages resulting from each crime. Thus, the study contributes to enriching legal and academic knowledge about this technology and its effects, providing a legal framework for dealing with the risks associated with it, and offering a model for future studies in this field.

Striking a Balance in Terminating Employment Contracts for Technical and Economic Reasons: A Comparative Study between Palestinian and British Law

2024-10-15T10:41:08+03:00

This study discusses employment contract termination due to technical or economic reasons. It aims to establish the necessary criteria for employers when ending contracts, ensuring their right to take appropriate administrative actions, such as downsizing the workforce in the face of technological challenges or financial losses that may threaten the permanence of the establishment. At the same time, it aims to protect employees' rights against arbitrary decisions by employers when making such actions. The study applied a comparative method to analyse the terms and constraints imposed by Palestinian and British employment laws regarding an employer’s right to terminate contracts for technical or economic reasons. It evaluates their ability to strike a balance between employees’ rights and the interests of employers and endeavours to enhance the mechanisms and conditions outlined in Palestinian employment law in accordance with modern legal systems. This study is significant for both parties in the employment relationship, as well as for Palestinian and Arab legislators at large, aiming to achieve sustainable economic development. It aims to provide the necessary flexibility for employers to confront various challenges without compromising employees’ rights and dignity. Moreover, it offers legal professionals and researchers the opportunity to benefit from comparative legislation in applying the principle of justice as a fundamental requirement for achieving a balance between parties, ensuring the protection of employees’ rights, and maintaining the sustainability of the establishment.

The Role of Civilians in Digital Criminal Documentation of Human Rights Violations: A Look at the Situation in Gaza

2024-10-15T10:49:25+03:00

The atrocities of the Zionist entity against civilians in Gaza, alongside the Zionists’ suppression of media, international organizations, and civil society organizations, motivated the author to write this research aiming at the establishment of a system, strengthening the role of civil society organizations and individuals in criminal technological documentation. This study adopts three approaches: descriptive, deductive, and comparative. This offers a comprehensive examination of the fundamental principles governing documentation done by civil society organizations and individuals through digital technologies. The established framework is built upon the guidelines outlined by the Public International Law and Policy Group concerning the principles guiding the documentation of human rights violations by civil society—further, the jurisprudence of international courts. This research emphasizes the harmonization of efforts aimed towards achieving accountability and, thus, criminal justice through regulating documentation of civil society organizations while also advocating for improved coordination and collaboration among civil society, governments, and the media. Furthermore, establishing regional framework facilitating the participation of individuals from Arab and Islamic nations in documentation. This research is relevant to studies establishing rules regulating technological criminal documentation practiced by individuals and civil society organizations and its evidentiary value. There is still room for contributing to the formulation of such rules, as there are no established rules applied by national and international courts. Particularly, science is developing, and challenges brought by technology are revealing. Therefore, there is a need for similar studies particularly that crimes of the Zionists in Gaza are exposed using technology by civil society organizations or individuals.

Judicial Review of Congressional Power to Tax under U.S. Constitution: Tensions between Framers’ Intent and Imperatives of Reality

2024-10-15T10:58:21+03:00

This paper discusses authority granted to Congress over imposing federal taxes in general, and income tax in specific. The author used the critical analytical method to analyze the rulings of the U.S. Supreme Court, the U.S. Income Tax Law, and the U.S. Constitution, to reach the policy followed by the court in ruling on the constitutionality of legal provisions related to the constitutionality of such tax legislations. The importance of this article comes in that it is one of the few studies that analyzed and criticized the policy of the U.S. Supreme Court in its ruling on the constitutionality of tax federal legislations. The author explains the role of the U.S. Supreme Court in identifying what is considered as income in some gray areas that the U.S. tax code (26 U.S. Code of 1986) did not provide an answer for, or petitioners claimed that such income does not fall in gross income inclusions. In addition, the author explains the philosophy behind granting Congress such power, and the effects of such authority. Although the author believes that many amendments to the tax code has political backgrounds rather than economic, granting this power to Congress would be less arbitrary compared to the political scenarios that could appear if it granted to the Executive Branch. At last, the author discusses the constitutional limits on congressional power of taxing and how these limits would affect tax legislations that Congress was trying to pass, considering people’s right of equity in tax treatment under Uniformity Clause.

Honorary Judicial Speech “The Spirit of the Judicial Task and the Importance of International Judicial Dialogue”

2024-10-15T11:43:52+03:00

The Standing International Forum of Commercial Courts (SIFoCC) was established in 2017 to share best practices among commercial courts in order to meet the challenges of rapid commercial change. One of the primary goals of SIFoCC is to support developing countries by enhancing their commercial dispute resolution capabilities and improve their attractiveness to investors. Since 2017, SIFoCC has held five full meetings in London (2017), New York (2018), Singapore (2019), Sydney (2022) and, most recently, Doha (2024). Some of the world’s most eminent commercial law judges and jurists have participated in these meetings and shared thoughts and insights on commercial dispute resolution practices and trends. The Rt. Hon. James Allsop AC is one of Australia’s most preeminent judicial officers having served as Chief Justice of the Federal Court of Australia from 1 March 2013 to 6 April 2023 and was made a Companion of the Order of Australia (AC) in 2023 for services to the judiciary and the law. In January 2024, Justice Allsop AC was sworn in as an International Judge of the Singapore International Commercial Court (SICC). Having previously co-chaired SIFoCC’s first ever International Working Group in 2018 (being a Working Group on ‘Working Presumptions on International Best Practice in Case Management’), His Honour has enthusiastically shared his vast empierce with SIFoCC members since the start. In April 2024, Qatar University was honoured to host the Fifth Full Meeting of SIFoCC and in particular welcome The Honourable James Allsop AC to deliver the keynote address on Sunday 21st April 2024. The speech is titled ‘The Spirit of the Judicial Task and the Importance of International Judicial Dialogue’. It is at once a deep and broad meditation on judicial decision making looking at both the history and future of the judicial role, particularly with the emergence of Artificial Intelligence. With his blessing, the College of Law at Qatar University and the International Review of Law is pleased to publish Justice Allsop’s speech in full.

Le Confort Legal : Essai Analytique de Certaines Techniques Juridiques

2024-10-15T11:31:32+03:00

Objectifs : Dans le cadre de cette recherche, l'objectif est d'explorer en profondeur le véritable fondement de certaines techniques légales et ce, en creusant les différentes raisons qui ont poussé les législateurs à les établir. La doctrine a souvent analysé ces techniques sous un angle différent, celui de la personne dont le droit est atteint. Or, dans ces différentes situations, il existe une autre personne qui, et sans une raison claire, en tire profit. La loi met en œuvre un arsenal de techniques juridiques au service d’un confort légal au profit de certaines personnes ou certaines catégories. Quelles sont, dès lors, les raisons qui justifient cette attitude du législateur face à des personnes qui n’éprouvent pas un besoin particulier de protection ? Ces raisons diffèrent selon les techniques utilisées. Si certaines d’entre elles, contribuent à mettre fin à une situation déterminée, d’autres aident à faire démarrer une situation.

Méthodologie : Analyse analytique, critique et comparative. Cette approche nous a permis d'examiner en profondeur la réglementation et de l'évaluer par rapport à ses raisons d’être.

Résultats : Cette recherche a permis de proposer une nouvelle façon d’expliquer les phénomènes juridiques par référence à leurs raisons d’être.

Originalité : Cette étude pionnière non seulement en droit qatarien mais aussi en droit comparé, présente une nouvelle analyse de certaines techniques juridiques. L'approche économique du droit, visant à éclairer les phénomènes juridiques à travers une perspective économique, est certainement bénéfique pour une meilleure compréhension.

Editorial Foreword

2024-10-13T08:24:22+03:00