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Chief-in-Editor  Prof. Badria A. Al-Awadi

In its issue No. 1580 for the sixty-eighth year, dated April 10, 2022, the Kuwaiti Official Gazette published three decreed laws (the first No. 86 of 2022, the second No. 88 of 2022, and the third No. 89 of 2022) related to memoranda of understanding between the governments of the States of Kuwait and Qatar in the field of encouraging direct investment and cooperation in the areas of improving the implementation, construction and maintenance of roads, in addition to the areas of Islamic affairs and endowments. In the first article of the three memoranda, it was stated that: “The memorandum of understanding between the government of the State of Kuwait and the government of the State of Qatar for cooperation in the field of … was approved, signed in Kuwait City and Doha, via video communication technology on 11/17/2020, and its texts are accompanied by this decree.”
It is known that this meeting between representatives of the two governments, and deliberation on cooperation agreements, and agreement on them, took place online due to the ban on travel and direct meeting that was in force in the two countries due to the unprecedented spread of the Corona pandemic which resulted in large numbers of deaths not only in the two countries, but all over the world. These online meetings aimed at ensuring the continuity of the executive and international work of the various state facilities in a way that preserves their common interests and prevents them from being disrupted.
There is no doubt that this matter is an important practical and legal development in international relations at the time of pandemics and disasters, since the terms and facets of memoranda of cooperation related to vital areas (promotion of direct investment – cooperation in the field of infrastructure, etc.) were discussed by specialists in the Kuwaiti and Qatari governments in meetings held online, during which the exchange of written proposals, using electronic means, paved the way for the announcement of these notes in an online meeting held on November 17, 2020, and included the concerned ministers from both sides.
Following these online meetings, it was necessary to complete the constitutional procedures regarding memoranda of understanding. Thus, they were presented in the State of Kuwait to the National Assembly, which approved them after resuming its sessions, and referred them to the government for issuance, which was done recently. The memoranda did not encounter any observations or objections by members of the National Assembly regarding the manner and procedures of their approval, although they differed from the traditional procedures and methods of concluding international agreements.
The exceptional circumstances created by the Corona pandemic have motivated the investment of electronic means of communication to ensure the continuity of the work of the constitutional authorities and public offices, but the legalization and regulation of these solutions and mechanisms within a legislative and legal framework was an immediate entitlement that could not be delayed, as it had to be seriously considered for adoption. It also required legal flexibility to accommodate future emergency conditions, especially considering the risks posed by wars that were about to erupt between the major military powers in the world, either directly or by proxy.
In the State of Kuwait, the Electronic Transactions Law, the recent Pleadings Law amendments during the pandemic, the adoption of electronic advertising, and the activation of electronic applications and solutions to provide services, constituted a legal and technical setting that effectively contributed to the ongoing transformations in the performance of the tasks and competencies of various government agencies, whether at the internal level or at the local level, alongside the level of relations with other countries. This environment would also facilitate the enactment of laws and other legislations needed to regulate the conclusion of international agreements from a distance, whether in normal times or in exceptional circumstances, in a manner that achieves the national interest, and enhances cooperative relations with neighbors and friends.
During the Corona pandemic, countries and regional and international organizations tended to use online means of communication to conduct their internal and external work and manage the affairs of their societies, taking advantage at the same time of the laws, rules, regulations, and legislation that they had approved in good times, as well as based on technical infrastructure (communication networks – systems and applications’ devices and equipment) that were built and developed. These bodies benefited from the human resources that they built up in their universities, institutes, and colleges specialized in law, administration, and other matters.
In application of this process, during the pandemic, the world witnessed online meetings of the United Nations and its specialized organizations, which discussed urgent issues in the field of emergency health and food assistance for developing and poor countries. The world also witnessed meetings by the Group of Seven industrialized countries, and by the North Atlantic Treaty Organization (NATO), devoted to discussing issues and making important decisions in the economic and international military fields, which proved that the environment of international law managed to accommodate and regulate such actions in times of pandemics and emergency conditions.
In light of all this, the importance of the development of a legal and legislative structure that regulates online business has been confirmed during the Corona pandemic, and there is no doubt that what exists in the State of Kuwait and other Gulf and Arab countries is a situation that can be built upon, especially in light of the distinguished legal and technical human resources that are available in them.
In addition to ensuring the continuity of the state’s business and facilities in all cases, the foregoing would provide capabilities, improve investment, and develop performance.