International Review of Law

Front Matter

Hamzeh Abdallah Ayed Khwaileh — 2025-05-07

Back Matter

Hamzeh Abdallah Ayed Khwaileh — 2025-05-07

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2025-05-07

Editorial Foreword

Hamzeh Abdallah Ayed Khwaileh — 2025-05-07

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2025-05-07

Table of Content

Hamzeh Abdallah Ayed Khwaileh — 2025-05-07

Constitutional Judiciary in The Arab Region: The Impact of The Formation Mechanisms of The New Constitutional Courts on Their Independence

Rashad Twam — 2025-05-07

This study aims to review the objectives served by the establishment of the new Arab constitutional courts that followed the revolutions of 2011 in Jordan, Algeria, Syria, Palestine, and Morocco, in comparison to the extensive Egyptian experience, and in light of international standards. The study starts from the importance of conducting this review in the context of the courts' independence, as reflected in their formation mechanisms and the appointment of judges and their qualifications on one hand, and their jurisdictional mandates on the other. The research adopted a comparative deductive methodology. The study concluded that the establishment of these courts seemed more like following a global "trend" rather than utilizing the court as a safeguard against the risks of democracy or the populism of the regime. To effectively play this role, these courts must be independent, enabling them to carry out their mandates without succumbing to populism or reverting to authoritarianism.

The Legal Framework for Loan-based Crowdfunding Operations in the UAE

Pierre Mallet — 2025-05-07

The purpose of the study was to clarify the problems related to organizing crowdfunding in order to meet the interests of the three parties involved in the process: investors, project owners, and operators of crowdfunding platforms. In addition to the novelty of the topic, the study also lacks in-depth studies concerning UAE law regarding it.

In order to evaluate the legal regulation of loan-based crowdfunding in the United Arab Emirates, the study relied mainly on an analytical approach, and partly on a comparative approach. Based on the approach followed, the study adopted an analysis and evaluation of the provisions of UAE Cabinet Resolution No. 36 of 2022, which established the regulatory framework for the activity of the operator of the crowdfunding platform and issued a legal regulation that allows the adoption of new alternative methods of financing a variety of initiatives.

Our study concludes that crowdfunding is a viable and growing alternative to traditional financing and that the UAE legislator has recognized the importance of this sector and has taken the initiative to establish basic controls to protect stakeholders, but this step still requires further regulation and development.

As a result of the scarcity of research regarding the subject matter of our research, we believe our research achieves the desired scientific addition. Thus, we believe that this building block is considered a scientific step that will encourage researchers to continue where we left off to reach substantive and procedural legal discussions. Among the most prominent recommendations that we made was the call for the UAE legislator to issue a unified law related to crowdfunding, so that the growing economic activity is regulated within the framework of unified legal rules and not distributed across multiple legal texts.

Civil Liability for Artificial Intelligence Damages in Qatari Law, Is it Necessary to Legislate?

Anis Ladhar — 2025-05-07

This research aims to study whether the current civil liability rules in Qatari law can respond to the legal problems that may arise from these damages, or whether it is necessary to issue legal texts specific to artificial intelligence. The answer to this question depends on the type of artificial intelligence causing the harm because the solutions vary according to its nature. Therefore, a distinction must be made between two types of artificial intelligence: primary artificial intelligence and advanced artificial intelligence. Although the current civil liability rules in Qatari law can serve as a basis for compensation for artificial intelligence damages, the difficulty becomes greater regarding advanced artificial intelligence. This is mainly due to his ability to self-learn and make decisions independently.

The research relies on the inductive and analytical method. It refers to Qatari legal texts to investigate how they can be an appropriate legal basis for liability for artificial intelligence damages. The research attempted to determine the effectiveness of current legal texts in Qatari law in protecting those affected by artificial intelligence. It seems necessary to adopt special laws regarding advanced artificial intelligence.

The scientific value of the research lies in the fact that it did not address the issue of civil liability for artificial intelligence damages in general, as is done in most scientific research, but rather focused on Qatari law, starting from the civil law and interpretive sources in the absence of legal texts. This gives the research a practical aspect from which judges can draw inspiration in the disputes before them.

State of the Union Address by the President of the USA Executive: Recommendation Authority–An Analytical Study

Fadi Mohammad Jadid — 2025-05-07

The study discussed the State of the Union address of the President of the United States of America, indicating its political implications and the opposition’s response to the speech. The study aims to clarify the constitutional role of the American President in exercising the State of the Union Address, which has become a Legislative authority not stipulated in the Constitution alongside the holder of the original Legislative authority, which is the U.S Congress, in addition to the great interest that the speech receives before public opinion and the American people, as it announces Through it, the president announces his programs in all fields and at all levels, which gives the president great and real influence, especially through his passing on the desires of the people in the speech. The study adopted the analytical approach, as it showed the historical origins of the Union Speech throughout the constitutional history of the United States of America, and how the speech developed, and this authority was exercised through successive Presidents of the United States. The study was distinguished by its modernity, due to the details that were mentioned about what the speech was, and the extent of its importance to the president, Congress, and the political opposition, which always announced its direct response after the president finished directing the speech, and its impact on the public through a statement that attracted them to listen to it, awaiting the annual legislative agenda of the president-elect through various means. The media plays an important role in covering the details of the speech and how the opposition responds to it. And to contribute to enriching the library with what is new. The researcher presented results that show the important Legislative role of the President through rhetoric at both the political levels to pressure Congress and the partisan level to achieve his party’s ambitions.

Constitutional Control over the Negative Deviation from the Legislative Purpose: A Study on Egyptian Constitutional Court Rulings and Qatari Legislation Models

Sara Ali Sallabi — 2025-05-07

This research is taken from a doctoral dissertation entitled “Constitutional control of the Purpose of Legislation: An Analytical Study between Egypt and Qatar.” It addresses the issue of constitutional control over the defect of negative teleological deviation, whether in the form of legislative omission or in the form of evasion of jurisdiction.

The problem arises when legislation is issued neglecting some aspects whose omission would result in wasting the goals that the constitution requires to be achieved, or when the legislator relinquishes his jurisdiction to legislate to another authority, neglecting the constitutional goals of entrusting the regulation of this subject to him. In both cases, constitutional control over negative teleological deviation comes to address this. matter.

The research reviewed many rulings of the constitutional judiciary in Egypt and then deduced the principles it reached in this regard. It also examined many models of Qatari legislation that are suspected of falling into negative teleological deviation. The study concluded with several results, the most important of which are: that the Supreme Court in Egypt did not reject censorship. Constitutionalism on the legislative omission, and the Supreme Constitutional Court has already exercised its jurisdiction to constitutionally monitor the negative teleological deviation in many of its rulings. The research showed examples in Qatari legislation that require intervention by the legislator to avoid neglect of constitutional goals.

Real Estate Registration and its Legal Effects in Omani Legislation

Maryam Rashid Said Alsaidi — 2025-05-07

Real estate is a fundamental pillar, with assets that have become essential to protect due to their critical role in bolstering the economy. This protection necessitates the creation of a comprehensive system that includes details such as the property's type, location, size, legal status relative to the owner, and associated rights. Consequently, all relevant data should be accessible to interested parties while ensuring immunity from fraud and deception.

The case of the study lies in examining the effectiveness of the Omani real estate registry in providing civil protection for real estate transactions and the legal statuses associated with them. This will be achieved using the descriptive method to present a general description of the Omani real estate registry, the analytical method by analyzing legal texts and judicial principles to assess the effectiveness of the Omani real estate registry, and finally, the comparative method to identify areas for the development of the Omani real estate registry by comparing it with the laws of the UAE, and Jordan.

The study concludes that the Real Estate Registry adopted by the Omani legislative system has relative validity, as it is flexible in accepting stronger contradictory evidence. Additionally, unregistered actions result in personal obligations only, whereas registered actions include the transfer of ownership. Overall, the study highly recommends developing an electronic Omani Real Estate Registry system and requiring registration as a condition for the validity of the contract, not merely for ownership transfers.

The Public Servant Guarantees During the Administrative Investigations in the Light of Provisions of Qatari Civil Human Resources Law No. 15 of 2016

Yousuf Ibrahim AL Hammadi — 2025-05-07

This study aims to shed light on the guarantees available to the public servant during the administrative investigation in the light of the provisions of the Qatari Civil Human Resources Law No. 15 of 2016. It illustrates their consistency with the general principles، that established in the administrative law, in order to examine the need for a legislative amendment that addresses the shortcomings and practical problems facing administrative investigation procedures in the light of the aforementioned law and its executive regulations. The study adopted the descriptive approach and the critical analysis to address the subject of the study, supported by citing the precedents cases and the jurisprudential opinions with comparison with comparative law in some parts. The descriptive approach was used to find out the current situation in the Qatari legislation and the established principles in the administrative law, while the analytical approach used to clarify the deficiencies and defects in the Qatari legislation and its implications on the public servant and the public utility. Finally, the study concluded the high demand of Legislative intervention to address the deficiencies in the current legislation, especially those related to the rights of the occupants of some job grades that was neglected by the current civil human resources law, especially, their right to complain against disciplinary decisions issued against them.

The Legal Value of International Treaties in the Palestinian Constitutional System¬¬: The Problem of Combining the Theories of Monism and Dualism

Ahmad Hosni Ali Ashqar — 2025-05-07

Abstract

This research aims to study the status of international treaties in the Palestinian constitutional system in light of the confusion regarding the relationship between local laws and international treaties as a result of the ambiguous interpretation of jurisprudence by the Palestinian Supreme Constitutional Court. This confusion led to the emergence of the combined theories of monism and dualism in determining the relationship between Palestinian legislation and international treaties ratified by the State of Palestine. This comes as a result of the failure of the Palestinian constitutional legislator to define the nature of this relationship and the place of ratified international treaties within the hierarchy of legislation. The researcher followed the descriptive and analytical approach to arrive at the results and recommendations. The author concludes that the theory of unilateralism is the theory that constitutes the true approach to ensuring the supremacy of international treaties over domestic law. This is because the amended Palestinian Basic Law of 2003 did not provide any mechanism to integrate rules derived from ratified international treaties into the domestic legal system. This research is significant in studying the status of international agreements by analyzing judicial jurisprudence without a constitutional text defining this status.

Royalties in Mature Upstream Oil and Gas Developments: Progression, Reduction or Abolition

Eduardo G. Pereira — 2025-05-07

Since 2000, over one hundred (100) countries either replaced their existing oil and gas royalty regime or made major amendments to it. However, there is still a continuing debate on whether royalties should be reduced or eliminated, especially in mature oil provinces where fields are declining in production from their plateau rate. Using integrative legal analysis and economic reviews, this work examines the impact of the royalty regime on oil and gas fields with higher emphasis on mature fields and provide recommendations through case studies of countries across multiple continents that depict a progressive fiscal system through royalty implementation, countries that have reduced royalty rates to date, and received favourable fiscal outcomes, and countries that wholly abolished royalty rates altogether. We find that royalty structures in general have advanced from regressive to more progressive rates considering production volumes (daily/cumulative), location (whether onshore, nearshore, shallow-water or deep-water), price, time or category of product (whether crude oil or natural gas). While sliding scale royalties are useful, they nonetheless complicate regimes while failing to address the fundamental drawback of not being linked to costs or underlying project profitability. This makes some marginal projects uneconomic, affecting efforts to maximise economic recovery. It is neither adequate nor economically attractive to fix a royalty amount for fields with production declines in the same manner as those producing at optimal levels. Decreases in royalties for mature fields would incentivize the continuity of their production and, consequently, delay premature field decommissioning, thereby sustaining jobs and domestic energy security.