International Review of Law

Front Matter

2023-06-06T17:35:02+03:00

Back Matter

2023-06-06T17:37:55+03:00

Editorial Foreword

2023-06-06T17:40:38+03:00

Editorial Foreword

2023-06-07T09:42:46+03:00

Table of Content

2023-06-07T09:45:16+03:00

Table of Content

2023-06-07T09:47:24+03:00

The Employee’s Post-Employment Non-compete Covenant: Analytical and Comparative Study from the Perspective of Qatari Law

2023-06-07T09:52:12+03:00

This research interprets legislative provisions related to the employee’s contractual obligation not to compete after termination of his/her employment, usually under a clause called “non-competition clause”, particularly in light of Article (43) of the Qatari Labor Law, promulgated by Law No. 14 of 2004, and amended by Decree-Law No. (18) of 2020.

This research mainly follows analytical methodology, reinforced by comparative methodology. Therefore, the research extends the boundaries of the Qatari legislation and doctrine, to that of comparative law, especially French law.

The research concluded with several results, most notably the concurrence of Qatari law with the predominant trend in comparative law towards the recognition of the lawfulness of the non-competition clause in the employment contract, provided that it is subject to legitimate restrictions, which preserve many of the worker's constitutional rights, the most important of which is his right to change employer and entrepreneurship.

Justice in a Time of Health Crisis - A Comparative Study

2023-06-07T10:01:09+03:00

The study aims to determine the legal rules that can be resorted to confront the COVID-19 virus, by suspending the time limits for litigation and appeals, and organizing the work of courts during this health crisis, to preserve the rights of litigants and avoid the paralysis of the justice sector.

The study adopted the comparative-critical analytical method, which depends on dismantling the basic measures that were taken after the spread of the Covid-19 virus, and then studying them in depth, to try to devise new rules that can be used whenever the state finds itself in the same circumstances.

The shortcomings of the solutions adopted in some countries indicate the need to adopt legal texts that are characterized by generality and non-circumstantial solutions. Among the solutions is that of considering the COVID-19 virus or quarantine measures as force majeure. The study confirmed the need to take some organizational measures with regard to the in-person sessions and the importance of resorting to electronic procedures and remote trial to ensure the continued work of the courts.

The study is the first of its kind that deals with procedural justice in a time of health crisis in a comparative way.

The Legal Provisions of the Garnishee in an Attachment for a Debtor to a Third Party: A Comparative Analytical Study between French, Kuwaiti and Qatari Law

2023-06-07T10:18:00+03:00

This study aims to demonstrate the special legal provisions of the garnishee in an attachment for debtor dues from the third parties. The garnishee is considered a third party, but singled-out with special provisions that need to be studied as they raise numerous legal and practical issues that have not been dealt with thoroughly. Accordingly, light has been shed on identifying the garnishee legal obligations, the liabilities’ bases, the guidelines for implementing penalties and the rules for waiving the same.

The study follows the comparative analytical approach. It analyzes the legal and conceptual frame in the garnishee’s provisions regulating an attachment for debtor dues from the third parties under the Kuwaiti, and Qatari laws in comparison with the French one. This was to propose effective solutions to develop an integrated legal system that strengthens the garnishee’s legal status, and activates the sought role towards the fastest and smoothest recovery of rights, in line with the requirements of international trade, prompt justice, enhancing the confidence of investors, and all dealers.

In conclusion, the study placed a set of proposals and recommendations for Kuwaiti and Qatari legislators; including most importantly the need to adopt the modern concept of attachment for garnishee as regulated by the French law in the allocation attachment, with the importance of accurately defining the concept of the "third parties" of the garnishee; in addition to regulating its status actualization to ensure proper implementation of its concerned provisions, taking into consideration the importance of establishing the general procedural principle against obstructing the execution. Moreover, acknowledging the modern orientation of the garnishee liability, while adopting the principle of prompt cooperation and positive participation to ensure the smooth implementation of those actions and the achievement of their goals.

Financial Restructuring of Distressed Businesses under the New Kuwaiti Bankruptcy Law No. 71 of 2020- A Comparative and Critical Study

2023-06-07T11:23:06+03:00

This study aims to examine the key issues of the restructuring mechanism under the newly enacted Kuwaiti Bankruptcy Law No. 71 of 2020, and to develop its rules. Although the Kuwaiti legislature embraced a newly developed philosophy when it promulgated this law by utilizing a set of legal and economic theories that focus on reorganizing the bankrupt, the restructuring mechanism is constrained by several lengthy procedures and notable restrictions. The latter will definitely affect the financially troubled debtor in terms of ensuring a fair restructuring opportunity, through a mechanism that seeks to ensure that creditors and debtors rights are fairly balanced.

In order to attain its objective, the study adopts the comparative, analytical method by comparing related rules in the United Stated, Egypt, UAE, and Saudi Arabia. The study points out that the restructuring mechanism under this law is constrained by several lengthy procedures and notable restrictions on the debtor, creditors, and the bankruptcy court, which will prevent it from achieving its desired goal, which is providing a real opportunity to reorganize the financially troubled debtor.

The study concluded with a set of results and recommendations to Kuwaiti legislator to introduce several amendments to law No. 71 of 2020.

The Role of Governance and Anti-corruption Structures in Public Shareholding Companies Privately Owned in accordance with Qatari Law

2023-06-07T11:54:20+03:00

The State of Qatar occupies an advanced global position in combating corruption; a phenemenon that is remarkably prevalent today in many countries of the world. This study aims to demonstrate the extent of the strictness of control carried out by the various governance and anti-corruption structures of public shareholding companies owned exclusively by private companies in Qatari legislation. These structures are divided into internal structures represented by the company’s board of directors and the general assembly of shareholders, and external structures either private represented by the auditor, or public represented mainly by the Ministry of Commerce and Industry and the Qatar Financial Markets Authority.

The study relied on the inductive and comparative approach of legal texts with governance decisions following an analytical and method. The study concluded that the supervision currently applied is strict to a large extent, narrowing the scope for corrupt practices within these companies. However, the study also revealed that there are shortcomings that have been identified because of their danger to the company in particular and to the market in general.

The study ended with providing multiple recommendations to remedy the shortcomings and improve the oversight of the mentioned companies in order to combat corruption more stringently. The desired benefit is great, which is to stimulate investment in Qatar in a more efficient way, protect companies in a better way, and raise the State of Qatar to a higher global ranking in the Corruption Perceptions Index.

Procedural Effects of Mediation in Qatari Law- A Comparative Analytical Study in the Qatari Mediation Law No. 20 of 2021

2023-06-07T12:02:13+03:00

The purpose of the research is to highlight the importance of mediation as a means to relieve the increasing pressure on national court, especially after the increasing need for alternative means based on amicable resolution of judicial disputes,

The reason for choosing the topic of mediation is the issuance of Qatar Mediation Law No. 20 of 2021. This research, in addition to explaining the Law’s provisions, aims to reveal the ambiguity about some of these provisions on the one hand, and to address some of the legal problems related to some of the procedural implications resulting from the conclusion of the mediation agreement, and those resulting from the conclusion of the settlement agreement on the other hand.

The study follows the comparative analytical method. This research also analyses the nature of the executive act resulting from the mediation procedures, and discusses a fundamental problem related to the validity of the legal ruling that the settlement agreement possesses the authority of the res judicata after being certified by the judge.

The scientific value of the research is that it is the first research to analyze and compare the provisions of the Qatari Mediation Law No. 20 of 2021

Crimes of Electronic Defamation, Libel, and Slander under Jordanian Cybercrimes Law

2023-06-07T12:11:47+03:00

This article aims to examine how the Jordanian Cybercrimes Law (No. 27 of 2015) addresses the crimes of electronic defamation, libel, and slander, to develop a better understanding of how these crimes can be combatted, as they are the most widespread cybercrimes committed in Jordan. This article uses a mixed-methods approach using descriptive and analytical methods. The descriptive method is used to outline the special nature of the crimes of electronic defamation, libel and slander, as well as related substantive and procedural rules. Meanwhile, the analytical method is used to determine how these crimes are considered in the existing literature, including both primary and secondary sources. This article has several results, the most important being that it is irrational to rely solely on the Jordanian Cybercrimes Law to address electronic defamation, libel, and slander; instead, other legislation should be followed as well, such as the substantive and procedural rules within the Jordanian Penal Code and the Jordanian Code of Criminal Procedures. This article is a piece of original research that paves the way for future research on the adoption of a comprehensive legal framework tackling cybercrimes in Jordon.

Technical and legal framework of Initial coin offerings

2023-06-07T12:19:41+03:00

Today, blockchain-based technologies, such as the Initial Coin Offering (ICO), are capable of providing solutions for financing SMEs. ICOs are the issuing of digital tokens that will be sold to investors in return for a cryptocurrency, allowing a project to be funded. This research examines the process of this novel and alternative method of business financing. At first glance, the ICO protocol appears to be very similar to the Initial Public Offering (IPO) procedure raising the question of how ICOs ought to be regulated. To answer this question, descriptive and analytical research will be conducted.

On a legal level, the study found that three approaches to the regulation of ICOs exist, with the American option being the most fascinating because it represents a middle ground between banning and developing a new independent law for token issuance, allowing ICOs to be included within an existing legal framework. The study recommends that the Qatar Financial Markets Authority adopt this American approach, so ICOs will be introduced in Qatar smoothly and without the need for new legislation. This will result in a desired goal of promoting Qatari SMEs.

Le cadre juridique de la société par actions simplifiée dans la législation marocaine

2023-06-07T12:32:15+03:00

L'importance de cette recherche réside dans le fait qu'elle porte sur un droit moderne au Maroc qui réglemente une nouvelle forme de société, qui est la société par actions simplifiée (SAS), qui jouit de nombreuses particularités et offre des procédures simplifiées en matière de création, de gestion et de liquidation.Cette étude vise à analyser la loi 19.20 et à expliciter son contenu et à la comparer avec d’autres législations en droit comparé, surtout le droit français, en s'appuyant sur la méthode analytique enrichie par la méthode comparative.

L'étude a conclu que cette nouvelle loi reflète la force de la nature contractuelle de la société, et qu’elle n’a pas introduit un régime transitoire pour les anciennes sociétés anonymes simplifiées après l’abrogation des dispositions qui les régissent, et que cette nouvelle forme juridique peut répondre à toutes les attentes vue ses avantages, c’est la pratique qui va révéler la réussite de cette réforme.