International Review of Law

Front Matter

Hamzeh Abdallah Ayed Khwaileh — 2025-10-03

Back Matter

Hamzeh Abdallah Ayed Khwaileh — 2025-10-03

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2025-10-03

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2025-10-03

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2025-10-03

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2025-10-03

The Framework of The Right to The Freedom of Assembly in International Human Rights Law and Its Application in Kuwait

Humoud Y. Alfadhli — 2025-10-03

Objectives: The primary objective of this paper is to address the legislative lacuna in national laws, particularly in Kuwait, regarding the International Right to Peaceful Assembly—a right often overlooked by local scholarship. This study examines the conceptual framework and core components of the right, ensuring its peaceful exercise within the broader scope of international human rights law. In light of the Kuwaiti Constitutional Court’s jurisprudence, the obligations arising from the International Covenant on Civil and Political Rights (ICCPR), and Kuwait’s mandate to regulate rights protected therein, the paper argues that legislators are entitled—and obligated—to enact specific legislation to safeguard this right.

Methodology: The research employs a descriptive and analytical approach, examining current regulations, scholarly works on human rights, and jurisprudence. Special focus is placed on the role of the national judiciary in interpreting and applying the right to peaceful assembly in the absence of explicit legislation.

Results: Findings highlight the urgent need for legislative action to align Kuwait’s legal framework with ICCPR obligations. The paper proposes a conceptual framework for regulating the right, rooted in both international treaty law and customary international law, offering mechanisms that can guide both legislators and the judiciary.

Originality: This paper contributes by constructing a conceptual norm for the International Right to Peaceful Assembly tailored to domestic incorporation. It contends that, while the absence of internal regulation limits practice, the right remains directly accessible under customary international law. Ultimately, the paper recommends an optimal framework for domestic regulation consistent with international standards.

The Bill of Exchange Domiciliation Clause – A Comparative Study in The Light Of French Judicial Rulings

Fuad Shehab Shyyab — 2025-10-03

The research aims to study the bill of exchange domiciliation clause (BEDC) in Saudi, Qatari and French law. Apart from its practical importance, the BEDC has not yet been the subject of an independent study. Hence, this research fills an important gap in the Arabic legal literature. The BEDC concept is approached both descriptively and analytically, determining its scope and distinguishing it from similar concepts. Furthermore, the effects of the Clause were addressed in terms of the relationship between the domicilee with the drawee, the bill holder and the drawer. Moreover, the research focused on studying the electronic bill of exchange, especially the bill of exchange with a statement. The research examined the French judiciary rulings to extract texts or principles that must be applied to resolve conflicts arising from the use of the BEDC. The scholarly value and originality of the research stem from its focus on the triangle of the law of commercial documents, banking law, and sometimes bankruptcy law. Furthermore, the research clarifies some concepts of civil law that intervene in the ruling of the BEDC, especially the relative effect of contracts, the restitution of undue payment or civil liability rules. Finally, the research's key findings are the identification of contractual or tortious responsibilities of the parties involved, illustrating that their own rules were formulated in a way that enables Arabic jurisdictions to quote them as legal texts, which is what the study recommends.

The Legal Vision of the Right to Digital Oblivion – Analytical Study

Hussam Oabes Ouda — 2025-10-03

The idea of the right to be Digitally forgotten did not receive explicit legislative recognition until late in 2016 with the issuance of the European Regulation on the Digital Processing of Personal Data, which explicitly defined the cases in which the right to be Digitally forgotten may be used and clarified its conditions and procedures. Iraqi legislation still does not regulate it, in addition to recognition, and this topic is one of the topics that has not received the research and study it deserves. We will try to reach the goal of the research by following the analytical approach through analyzing the European and French legislation that regulated this right as well as stating the judicial positions on it. In this research, we concluded that the right to digital oblivion is distinguished by its independent legal nature, as it does not fall within the scope of the right to privacy but rather is an independent right and differs from the latter in that it is not limited to modern and private facts. The European Regulation set a set of cases in which the right to digital oblivion may be used and indicated that personal data may not be retained for a period exceeding the purpose for which digital processing was carried out. We suggested to the Iraqi legislator the necessity of issuing legislation that regulates this right, and it is necessary to intensify Academic efforts to clarify the nature of this right and its provisions, and international efforts should also be combined through concluding international agreements that recognize this right and regulate its provisions.

Judicial Supervision of Arbitral Awards – A Comparative Study

Faouzi Ben Ahmed BELKNANI — 2025-10-03

This research paper aims to demonstrate the extent to which the Qatari arbitration law acknowledges the task of oversight exercised by the judiciary over arbitration decisions, and the extent to which it adopts provisions that would avoid the negative effects of that oversight.

The study followed the inductive approach to determine the role that Qatari law assigns to the judiciary to monitor the arbitral award within internal arbitration, while enhancing this by adopting the comparative approach to explore the gaps in Qatari law in this field, and to draw inspiration from comparative law solutions to fill those gaps.

The study concluded that, even if the arbitration law allows the judge to monitor arbitral tribunal competency to the necessary limit maintaining his function as a supervisory body over the validity of arbitral awards, amending some deficiencies remains necessary.

Therefore, granting the arbitral tribunal the right to extend the agreed-upon period is predicated on the observation that arbitrators are closer to the dispute and better able to understand the work and research it requires. Therefore, they are in a better position to determine the time their task may take.

Then, stipulating judicial oversight to ensure the arbitral tribunal respects the time condition stated in the arbitration agreement—interpreting it in a way that aligns with fundamental procedural principles—reflects the parties’ intention to obtain an enforceable arbitral award as quickly as possible and within a reasonable time, considering the nature of the dispute, and following a fair trial.

Lastly, we propose revising Article 8 of the Arbitration Law. This would involve replacing the term “inadmissibility of the claim” with “lack of jurisdiction." Additionally, the law would state that courts could not consider a case related to an arbitration agreement unless it is clear that the agreement is invalid.

The Legal Status of The De Facto Director of The Company in The Tunisian Commercial Companies Law - Analytical Study

Racem Gassara — 2025-10-03

This study aims to review the conditions and consequences of acquiring the company's de facto status under the Tunisian Commercial Companies Act and to highlight the criteria for distinguishing between the legal process and the actual course of the company to address the problem of regulating the responsibilities of persons exercising the management of the company.

The research adopted the analytical descriptive curriculum with a focus on the legal framework governing the issue in Tunisian law, without losing sight of the relevant comparative laws.

The research reached several conclusions. The Tunisian legislature, while adopting the concept of the company's actual course of action, did not know it, leaving it to the doctrine and jurisprudence of the judiciary. It did not consider the cases in which someone ran a company to help it, save it from its economic difficulties, and did not allocate an exceptional system to it. It also subjected both the company's legal process and the actual course of action to a uniform legal system.

The research addresses the legal status of the company's actual functioning as a concept of renewed content that refers to the de facto situations defined by Professor Laurent Leveneur in his thesis as "unlawful cases associated with certain effects of similar legal situations". This topic is one of the important legal issues addressed by jurisprudence studies and addressed by the courts in their applications.

Family Rights and Legal Protection in Bosnia and Herzegovina: Compliance with International Norms

Rijad Delić — 2025-10-03

This paper explores the role and status of the family within the legal framework of Bosnia and Herzegovina, analyzing how international norms and national laws affect the rights and protection of families. The paper specifically examines the alignment between national legislation and international legal standards, with a particular focus on the challenges of implementing these norms. The study focuses on the definition of family in a legal sense, fundamental principles regulating the status of families in international law, and the significance of families in society. Key issues related to domestic violence, economic instability, and institutional weaknesses are highlighted as central obstacles to effective family protection. It also examines how international obligations are implemented in the national law of Bosnia and Herzegovina, identifying key challenges that families face, including social, economic, and legal aspects. The objectives of this paper are to analyze the legal frameworks applied to families, identify challenges in the everyday lives of families, and propose solutions to improve their status and protection. The recommendations aim at improving institutional capacities, enhancing legal enforcement mechanisms, and providing stronger support for vulnerable families, especially in post-conflict settings. The methodology includes comparative analysis of international conventions and national laws, literature review, case studies, and analysis of statistical data. The expected outcomes of this paper include a deeper understanding of the legal and social context affecting families in Bosnia and Herzegovina, identification of key barriers hindering the full protection and realization of family rights, and proposals for specific solutions to improve their position in society. The paper provides concrete recommendations for strengthening the legal framework and suggests policy improvements to support families, focusing on compliance with international standards, and aims to contribute to strengthening social cohesion and economic stability through a better understanding and protection of the family as a fundamental social unit.

Concurrent Causation in Insurance – A Comparative Study Between England and France

Bashayer Yousef Abdelaziz Al Majed — 2025-10-03

This paper aims to define and outline the legal framework governing whether insurers’ liability, and therefore insurance coverage, remains valid in the presence of concurrent causations. It uses a comparative qualitative methodology, with an analysis of case law, statute, and academic literature to attempt to understand where responsibility lies and whether the apparent simplicity of the French Civil law contains useful legislation that could be applied to future reforms for English and Welsh law. The paper aims to find that the law in England and Wales lacks clarity and strong precedent. There is an overlap between insurance law and liability, and the complexity with respect to concurrent causation affects the validity of many insurance claims. This causes legal difficulties where insurance claims cannot easily be concluded. The paper recommends reform to the law of England and Wales to adopt a legal principle similar to French civil law, where damage is fully compensated, regardless of cause, removing the complexity of concurrent causation entirely, providing better consumer support, and reducing a drain on court resources by speeding up processes.

Analytical Study on The Legality of Use of Sonic Boom as a “Psywar” Tool Under International and Humanitarian Law

Darina Saliba Abi Chedid — 2025-10-03

The topic of sonic warfare and its legality under international and humanitarian law is critically relevant in modern conflicts and their evolving nature. Sonic weapons comprise a growing type of non-lethal weaponry that overlays the limits of recognized legal norms and ethical considerations and employs sound waves to harm, disable, or impede individuals. This article aims to investigate the complex legal frameworks governing the use of force and observe how sonic warfare reconciles with these standards, questioning the legality of the use of sonic booms as a tool of terror in psywar. To the same end, this research will inspect international treaties, customary law, and general principles of international law to elucidate the legal holes and uncertainties surrounding this controversial subject, taking the case of Lebanon as an example. The literature on the topic demonstrates that while sonic booms have no direct physical effect, they produce deep psychological repercussions, creating fear and terror commemorating the pervasive menace of military aggression. This twofold perspective of airspace sovereignty and psychological warfare through sonic booms denotes a give-and-take, intricate connection of power, law, and humanitarian considerations, requiring a refined, discerning, and solid international inspection. This study is normative-empirical research based on legal principles and facts and employs a descriptive-analytical method.

The findings indicate that International Humanitarian Law (IHL) does not explicitly regulate the use of sonic boom as a tool of terror in international armed conflicts, thus contributing to the discourse on the humanitarian implications of sonic weapons, advocating for clear legal guidelines to prevent their misuse and ensure compliance with IHL principles.

The Expected Medical Liability as a result of the Health Sector’s Interaction with Artificial Intelligence – A Foresight-led, Analytical, and Comparative Study

Fahad Ahmad Almasoud — 2025-10-03

The research focuses on medical liability in the context of AI. Considering that AI is a game-changer, it is a system that produces accurate outputs that may surpass doctors’ abilities. However, this technology is not risk-free. This puts doctors and hospitals in a complex situation regarding liability that arises from their interactions with AI. Therefore, it was necessary for the research to review medical legislation that preserves its traditional character in regulating medical liability, such as the Kuwaiti and American legislation. As well as to explore proposals that regulate AI and liability for the damage that results from the use of AI, such as the AI Act proposal and the AI liability directive proposal, which were both issued by the EU Commission.The research aims to highlight the deficiencies in the aforementioned legislation and proposals, and provide suitable rules regarding medical liability and AI.

This research adopts foresight, analytical, and comparative approaches and has reached several results, the most important of which is that under current Kuwaiti and American legislations, doctors must apply the traditional standard of care, which does not include AI, to shield themselves from liability. The research also reached several recommendations, the most important of which is that physicians must have two standards of care in the EU, Kuwaiti, and American legislation. The first is the medical standard that obligates the use of AI, and the second is the AI user standard.

Les régimes spéciaux de responsabilité civile et l’intelligence artificielle – Quelles solutions pour le droit mauricien ?

Goran Georgijevic — 2025-10-03

Objectifs : Le droit civil mauricien est, pour des raisons historiques, d’inspiration française, bien qu’il soit impossible de nier son autonomie par rapport à son homologue français. Le régime spécial de responsabilité du fait des produits défectueux, issu d’une directive européenne, ainsi que le régime spécial d’indemnisation des victimes d’accidents de la circulation, sont incorporés dans la législation française, mais demeurent, pour l’heure, inconnus dans le droit mauricien. Dans cette étude, nous examinons l’opportunité d’intégrer ces régimes spéciaux dans le droit mauricien et leur potentiel face aux défis soulevés par l’intelligence artificielle. Nous nous interrogeons également sur la pertinence d’incorporer dans le droit mauricien des éléments issus du Règlement européen et du projet de la Directive européenne relatifs à l’intelligence artificielle.

Méthodologie : La méthodologie repose sur une analyse critique des régimes spéciaux de responsabilité, dans leur rapport avec l’intelligence artificielle, fondée sur les ressources documentaires disponibles dans les droits français et mauricien, notamment les livres, articles et contributions universitaires, rapports, lois et jugements. Des solutions visant à combler les lacunes juridiques en droit mauricien sont envisagées à partir des régimes spéciaux du droit français et de celui inscrit dans le projet de la Directive européenne sur l’intelligence artificielle.

Résultats : Il serait opportun d’incorporer dans le droit mauricien les régimes spéciaux de responsabilité civile d’origine européenne ou française. Ces régimes permettent, avec quelques aménagements nécessaires, de faire face aux préjudices causés par l’intelligence artificielle.

Originalité : La présente étude permet de combler un vide académique concernant ce sujet à Maurice et pourrait constituer un outil de réflexion utile pour le législateur mauricien sur deux points importants : d’une part, l’incorporation des régimes spéciaux de responsabilité dans le droit mauricien ; d’autre part, le traitement des préjudices causés par l’intelligence artificielle.