Topic Prompts for Issue 2 of the Journal of Law in the Middle East
1. SHARIA LAWS & WOMENS' RIGHTS IN THE KSA
To what extent do Sharia laws uphold and encourage womens' rights in the Kingdom of Saudi Arabia?
A remarkable series of social reforms have given women previously forbidden liberties under Saudi Arabia's strictly regulated Islamic law. Saudi women can now drive, get their own passports, travel abroad, and live independently without the permission of a male guardian. However, even though most Middle Eastern countries have modernised and granted women their freedoms, Saudi women still face many restrictions throughout their lives. Owing to the fact that there isn't a distinct Family Law in the Kingdom, marriage, and divorce are mainly governed by Sharia law. How effectively does Saudi law, heavily influenced by Sharia law, protect and uplift their women?
2. ISRAEL & THE GCC
To what extent could the repeal of the Israel boycott law by the UAE impact GCC internal relations?
The United Arab Emirates repealing Federal Law No.15/1992 on the Boycott of the State of Israel represented a significant event in the Middle East, making the UAE the first country from the GCC to establish a diplomatic and economic link with Israel. How could the evolving relationship between UAE & Israel impact the UAE’s relationship with other GCC countries? To what extent could the differing approaches of the GCC countries threaten the strength and unity of the Council?
3. THE UAE'S NEW PDPL LAW & SOCIAL MEDIA LAW
In accordance with the new Personal Data Protection Law, how effectively does the UAE hold cyber-attackers criminally liable for their wrongful conduct?
Due to the massive increase in social media use during the recent Covid-19 pandemic, many individuals and companies have become victims of cybercrimes. Federal Decree-Law No. 45/2021 on the Protection of Personal Data in the UAE creates a framework to ensure the confidentiality and privacy of individuals by compelling organisations to employ appropriate governance for the management and security of personal data. Federal Law No. 5/2012 on Combatting Cybercrimes and its amendments highlight the importance of media regulation and the consequences of online defamation. However, it is debatable whether the UAE is successful in its many attempts to achieve cyber security in light of recent cases and events.
4. AML/CTF LAWS IN QATAR & FRAUD/TERRORISM
To what extent are the revisions of the AML & CTF Laws in Qatar consistent with the country’s constant fight against fraud and terrorism?
The purpose of the original Qatar Law No. 20/2019 on the Issuing of the Anti-money Laundering law was to prevent fraud and terrorism. In recent years, Qatar has implemented significant reforms of its anti-money laundering (AML) and counter-terrorist financing (CTF) system, including a new AML/CTF Law and a new Counter-Terrorism Law. The reforms seek to establish best practices and provide authorities with new tools to identify, prohibit, and convict cases of unlawful activity. The constant amendments to legislation demonstrate that eradicating fraud and terrorism is a never-ending fight that requires countries to adapt to changing scenarios constantly.
5. UKRAINE/RUSSIA CONFLICT & THE MIDDLE EAST
How could the current invasion of Russia in Ukraine affect internal Middle Eastern relations and violate international law?
On 24 February 2022, Russia began a large-scale invasion of Ukraine, representing its most significant escalation against its neighbour since 2014 and the biggest attack in Europe since World War 2. Not only does this crisis impact political relations, but it also stops exports from Ukraine to other unaided Middle Eastern countries such as Lebanon. The long-term consequences of the Russia-Ukraine conflict will also impact how countries in the GCC negotiate with the US and Russia, especially if NATO-Russia relations continue to worsen. Russia’s invasion is in direct violation of Article 2(4) of the UN Charter, a fundamental doctrine of the charter that expects UN member states to refrain from the “use of force against the territorial integrity or political independence of any state.” What are the legal implications of this violation in the Middle East?
To what extent is Russia’s invasion of Ukraine comparable to the Israeli-Palestinian conflict in terms of violating International Law?
Since World War 2, Russia’s recent invasion of Ukraine is the first unlawful war waged by one sovereign state against another. Russia’s actions are not only morally objectionable but also illegal, according to Ukraine, which has chosen to depend on the UN Charter and international legal institutions. As the situation in Ukraine progresses, Palestinians and their supporters are creating parallels between the current crisis and the ongoing one troubling their country for years. The Israeli-Palestinian conflict is taking place in Palestine, the land which is historically and spiritually meaningful to over half of the world’s population. How similar or different are both conflicts regarding the international responses and the violation of international law?
6. CLIMATE CRISIS IN THE KSA & THE GCC
Following the new Environmental Law in Saudi Arabia, how effectively do the Kingdom’s contributions help fight the climate crisis in the GCC?
Saudi Arabia Royal Decree No. M165/2020 Issuing the Environment Law aims to protect the environment and its development and sustainability. To join the global war against climate change, Saudi Arabia believes that drilling for more oil will reduce the rising temperatures. Instead of decreasing the production of the fossil fuels that cause the most rising temperatures, the Gulf monarchy wants to increase it to reduce emissions. International activists have criticized the idea, claiming that the world has to lessen its reliance on fossil fuels rather than increase it. To what extent is the country's latest climate plan more successful than the Kingdom's previously adopted laws? How have GCC countries, which are known to be wealthy, stable, and investor-friendly economies, come together to end the ongoing climate crisis?
7. DEATH PENALTY & HUMAN RIGHTS IN THE GCC
To what extent is capital punishment in the GCC consistent with human rights?
The majority of GCC countries currently enforce the death penalty despite it being in direct violation of Articles 3 & 5 of the UDHR. The primary representative bodies of the world, such as the UN General Assembly, the European Union, and established human rights organizations, agree that this extreme punishment breaches fundamental enshrined human rights norms. There is an ongoing debate on which crimes deserve this severe sentence, as in many countries, the bulk of executions are carried out for murder and non-violent drug crimes. Should Middle Eastern nations stop executions for cases where individuals are expressing peaceful dissent and where process violations have occurred, including the use of torture?
