International Review of Law

Front Matter

2024-04-01T13:04:01+03:00

Back Matter

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Editorial Foreword

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Editorial Foreword

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Table of Content

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Table of Content

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Evaluating the Consumer's Residence as a Connecting Factor in Consumers’ Contracts with Foreign Element

2024-09-08T13:26:56+03:00

The study evaluates the role of the consumer’s place of residence, as a factor that restricts the party autonomy, in electronic contracts with a foreign element. To do so, the study determines the concept of such contracts and jurisprudence trends to exclude or restrict implement the party autonomy. Addressing a topic that has not been previously brought up by most of the Arab legislations, including Kuwait, makes this study stand out. This was among factors that drove towards trying to reach comparative laws that kept pace with the modern development and exerted real efforts to enact consumers’ protection choice of law rule in the traditional and electronic transactions that have foreigner element. The study adopted the comparative-based descriptive analytical approach and came up with some results, the most important of which was that party autonomy plays a role in the consumer's contract and restricting its implementation by not depriving consumers of the jus cogens provisions of the State of residence, irrespective of their nationality and place of contract. In addition, affirming the principle of legal security, the study brought up some recommendations including the amendment of both the text of Article 22 of Bahraini Law and the provision of article 6 of Rome Regulation by excluding the implied choice; this is because evidence of implied choice are hard to reach in electronic contracts where the consumer is a party, the thing that makes the judge's work more demanding.

Legislative Attention in Consumers’ Rights, a New Approach within Modern Legislations: Qatari and Algerian Legislations as Models

2024-09-08T13:26:39+03:00

In order to enhance consumers’ position in connection with their contractual relations, and to protect their rights vis-à-vis professionals and suppliers, this study examines the extent of the legislative attention given to the issue of consumers’ rights by modern legislation, especially with regard to the Qatari and Algerian legislations.

Taking into consideration the fact that both countries adopted a market economy pattern, at a time when consumers become the focus of market relations, especially for major international companies that seek to serve their economic interests at the expense of consumer rights. This necessitated the intervention of jurists, alongside economists and politicians, to pay more attention to consumer rights within the legal system regulating modern economic life.

The provision of consumer rights within consumer protection legislation and even constitutions have recently constituted a new approach to legal mechanisms that require further research, despite prior attention received by Islamic jurisprudence on the same subject. Hence, the current study used an inductive, descriptive and analytical approach to examine this subject.

In order to achieve the requirements of protecting consumers’ rights, this study recommends the need to devote legislative attention to consumer rights within the constitutions as a new category of basic rights. This contributes to granting consumers’ certainty and protecting their rights within the framework of their contractual relations; especially those related to enhancing consumers' livelihood, strengthening contractual protection, and the mechanism of collective lawsuits that formed the foundations of a new approach to be included in modern legislation.

The Legal Framework of the Shadow Director under English Law-An Analytical Study

2024-09-08T13:40:16+03:00

The research aims at understanding the legal framework of the “Shadow Director”, which is one of the important legal issues under English law and several comparative laws. Despite its importance, this issue is yet to be regulated in Arab legislation and is not widely studied in Arabic literature. Hence, it was critical to introduce the concept of a shadow director under English law and the legislative development of this concept, and the application of this concept by reviewing the criteria for determining who constitutes a shadow director in case laws under English law, with a review of the legal consequences in accordance with the English Company Directors Disqualification Act 1986 and English Companies Act 2006.

The research aims to highlight the shortcomings of Arab legislation in addressing the problem of regulating the responsibilities of a shadow director, despite its importance in addressing the legal status of persons who exercise indirect control over the company.

The research followed the descriptive analytical approach, with a focus on English law, by addressing the legal framework regulating this issue under English law, with reference to other relevant comparative laws.

The research reached several outcomes, most notably the need for legislators in Arab countries to adopt this legislative philosophy as a mechanism to establish the legal responsibility of persons who influence or control the appointed members of the Board of Directors, in order to limit their evasion of their legal responsibilities or their transfer of this liability to the official members of the Board of Directors.

Judicial Interference in Arbitral Tribunal Formation: A Comparative Study

2024-09-08T13:39:59+03:00

This research aims to study to which extent the Qatari arbitration law considers the intervention of the judiciary in the formation of the arbitral tribunal, and to highlight that the Qatari law have set guarantees that would avoid the negative effects of that intervention.

The study followed both the deductive and inductive methods to determine the effective role that Qatari law assigns to the judicial system in order to help form the arbitral tribunal. Both methods are enhanced by relying on the comparative method to explore the related gaps of Qatari law, and to draw inspiration from comparative law solutions to fill those gaps.

The findings are that the Qatari arbitration law allowed the judiciary to intervene in the formation of the arbitral tribunal, to overcome obstacles that might prevent the formation of the arbitral tribunal; provided that this interference remains within the limits that do not lead to weaken the arbitration status or over-burden procedures in the arbitration dispute.

The research also considers the comparative law, to try fixing the revealed deficiencies, especially in the provisions of Articles 8, 11, 13, 14 and 15 of the Qatari Arbitration Law, by recommending the adequate amendments.

These findings and recommendations were not mentioned in previous research related to judicial intervention in the formation of the arbitration tribunal. They are also findings and recommendations that stick to Qatari law specificity in this area.

Social Security of International Servants - in the International Administrative Law and the Domestic Systems of Kuwait and Saudi Arabia

2024-09-08T13:39:38+03:00

The study examines the ambiguous position of International Servants under the Social Security system of the State of Kuwait, is the social security system applicable to international servants? Is it affected by the diplomatic immunities and privileges?

The study follows an interdisciplinary analytical, inductive, and comparative method combined at two levels namely administrative international law, looking into certain instruments, and two domestic social security systems from Kuwait and Saudi Arabia. The study argues that provisions of both administrative international law and domestic law do not impede the right of international servants to social security, since the right does not overlap with diplomatic financial immunities. At the contrary, it proved to be prioritized and essential from both sides. Any exemption from that provision should be provided precisely and clearly, however uncertainty arises from the current practice solutions must come through administrative procedure by the executives rather than the legislator.

Heterogeneous Diplomacy of Political Relations between Iran and Afghanistan in exploiting the water of Helmand Border River

2024-09-08T13:39:21+03:00

The water challenge in the Middle East has caused governments to face new problems in which they have to consider more control, management, and care regarding their water resources to survive. Due to growing water consumption by upstream countries of the border rivers in exploiting the resources, we will observe an increase in hydro-political disputes among the nations. Helmand is a river that flows into Iran and includes a hydro-political aspect. It has always influenced the relations between the two countries since the border formation. The fluctuation of the Helmand water flow and decrease in the running water towards Sistan (Iran) in the last hundred years has always created problems in relations between Iran and Afghanistan at the National and local levels. In the past years, Afghanistan has consumed a significant part of the water by creating a dam, reducing the amount of water flowing into Iran. On the other side, morphological changes of the river, such as the dispute on specifying the border exactly in the changeable river bed, dispute from the instability of water rights distribution pattern between the two countries, and finally, the dispute from specifying the extent and territory of the border area has led to ecosystem instabilities. In this regard, the strategy to control the ecosystem instabilities is environment diplomacy, and if it is synchronized with defensive diplomacy, it causes stability. With this description, we will examine the Helmand peripheral issues and the course of diplomacy in this field.

Regulation of Treasury Shares in Kuwaiti Law: A Comparative Study

2024-09-08T13:39:04+03:00

Treasury shares have a significant role in companies and capital markets’ regulations. As a result, it gained the attention of legislators and legal scholars. This paper examines the regulatory rules regarding treasury shares in Kuwaiti law, its philosophy, and practicality. The paper adopts a comparative, analytical approach addressing the historical evolution of treasury shares and comparing related regulations and legal provisions in many jurisdictions. With comparative law at hand, this paper aims to thoroughly examine the concept of treasure shares and their legal nature, their characteristics, buy-back procedures, treasury shares’ relation with the company’s capital structure, and ultimately, the uses of treasury shares. By analyzing Law No. 7 of 2010 Regarding the Establishment of the Capital Markets Authority and Regulating Securities Activities and Law No. 1 of 2016 Regarding Companies Law and by incorporating comparative law such as Swiss, German, Swedish, Danish and other laws, this study demonstrates different matters related to treasury shares that are not yet regulated in Kuwait. The research assesses the legal provisions governing treasury shares, addressing matters such as shareholder rights, voting power, and market manipulation concerns. It argues for regulatory reform to further enhance the provisions governing treasury shares. As a result of the analysis given, recommendations are provided to enhance the regulatory framework in Kuwait.