Volume 10 | Safar 1443 AH |
Issue 40 | Sptember 2021 AD |
ISSN 24102237 |
![Cover-e](https://journal.kilaw.edu.kw/wp-content/uploads/2023/05/Cover-e.jpg)
Editorial
International Law and its Mechanisms Once More Tested
By: Prof. Badria A. Al-Awadi
Editor-in-Chief
Once again, laws, declarations, international norms, and mechanisms for resolving disputes by peaceful means are subject to a severe test, after the increasing frequency of fierce and destructive conflicts and wars in more than one place in the globe. Voices skeptical about the feasibility of these laws, or even their existence in the first place, have risen again, considering them merely rules set by the victors and beneficiaries of them, without finding them sufficiently binding, especially if these conflicts are tied to the interests of the major powers or the regional powers associated with them.
Legal Stability and the Problems of Preparing and Drafting Legislations and Laws
Chief-in-Editor Prof. Badria A. Al-Awadi
Once again, laws, declarations, international norms, and mechanisms for resolving disputes by peaceful means are subject to a severe test, after the increasing frequency of fierce and destructive conflicts and wars in more than one place in the globe. Voices skeptical about the feasibility of these laws, or even their existence in the first place, have risen again, considering them merely rules set by the victors and beneficiaries of them, without finding them sufficiently binding, especially if these conflicts are tied to the interests of the major powers or the regional powers associated with them.
Although this legal debate prevailed for quite some time with regard to the nature of the rules of International Law and the extent of their obligation and their effects, benefiting from the continuation of wars and conflicts after World War II and the outbreak of the Cold War between the major powers, yet International Law, its institutions, texts and jurisprudence have witnessed a great boom in establishment, creation and development during the second half of the twentieth century, and its mechanisms were able to put out the flames of many conflicts and wars, and provide safe havens for refugees and persons fleeing wars in Asia, Africa, South America, and even in Europe itself and other places.
The new test this time is represented by what is happening on the European continent itself again… It has been flaring for about six months since the development of the Russian-Ukrainian crisis into a frank and open war that placed the entire world on the brink of a third world war between the major powers, and revealed a large number of accompanying atrocities which are still ongoing. Russia escalated its threats and invaded Ukrainian territory on February 24, 2022, after it took control of the Ukrainian Crimean peninsula in 2014, following the outbreak of a wave of demonstrations that overthrew the then-existing Ukrainian government, which was close to Russia. These demonstrations led to a complete change of situation, and to the emergence of a state of hostility between the two countries which was accompanied by international political interventions from Europe and the United States of America, in addition to military interventions from the North Atlantic Treaty Organization (NATO).
This war witnessed the use of the deadliest and most modern weapons produced by the arms factories of the East and the West alike. During the past months, it led to the death and injury of tens of thousands of civilians and of Ukrainian and Russian soldiers. It also led to the displacement of millions of Ukrainians to neighboring countries, as well as the displacement of millions of others to areas less affected by the war inside Ukraine. The bombing and warfare also included most of the Ukrainian cities through aerial bombardment and winged and hypersonic missiles fired from the air, land and sea. Russian regions on the common borders were also affected by the acts of war, as they were bombed by Ukrainians. Many countries around the world, especially the poor, were also affected by this war because of its impact on the export of Russian and Ukrainian wheat to global markets.
As expected, the Security Council failed to issue a unified position and call for stopping the war and resolving problems through negotiations, despite the fact that this war constitutes the greatest threat to international peace and security and may lead to the outbreak of a third nuclear war. The major powers also failed to play any role, and each of them took the side of one of the parties to the conflict. Economic sanctions and other punitive measures were imposed, individually and jointly, on the State of Russia. Attempts at mediation between the two parties are still weak and have limited impact and effectiveness.
In light of the atrocities committed, the International Criminal Court, which is recognized by 123 countries, took action and opened investigations into the war crimes committed, and issued international summons cards against those involved. However, its role remains limited in view of Russia’s lack of recognition of it, and its lack of tools to impose its procedures and provisions.
The outbreak of this war, the actions and crimes committed in it, and their implications re-raise the first legal questions regarding the importance and value of International Law and regarding its binding, the legitimacy of war in resolving conflicts, and the impunity of war crimes, crimes against humanity and crimes of aggression. It adds to it many new problems, such as: Is joining political and military alliances a sovereign right of states, or is it a limited and relative right? How can International Law and its institutions protect small countries from the aggression and oppression of big countries? How can the institutions of International Law, especially the Security Council, be moved if the aggressor is a member of it and holds the right to object (veto)? What is the role of regional organizations in maintaining international peace and security?
Do mock referendums organized in the occupied territories give legitimacy to the invasion and occupation of the lands of other countries and to sovereignty over them? What is the position of International Law and its institutions on that? Why did preventive measures fail to prevent the outbreak of war between Russia and Ukraine? Does what happened encourage the outbreak of conflicts and wars in other regions in order to achieve geo-strategic goals? What is the way for International Law and its institutions to curb such trends that pose a threat not only to small states, but to humanity as a whole?
These and other questions need research and study by researchers in International Law in its various disciplines and fields, with the aim of contributing to providing solutions and legal jurisprudence to existing and emerging problems, emphasizing law and negotiations as ways to resolve international and national conflicts and to achieving coexistence between human societies, and rejecting force, arrogance, and injustice in international relations.
Content
Arabic Studies and Research
The Personal Interview as One of the Appointment Procedures for Public Function in Kuwait and France – Its Legal System, Guarantees, and Trends to Limit its Role in Appointment: A Comparative Study
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Dr. Saad Alenezi
Assistant Professor of Public Law
Kuwait International Law School
The Preservation of Papers under the Kuwait Criminal Procedures Code No. 17 of 1960: A Comparative and Practical Study
Dr. Fahad Nashmi Al Rashidi
Assistant Professor of Criminal Law
Saad Al Abdullah Academy for Security Sciences
State of Kuwait
Changes in Public Finances in the Kingdom of Saudi Arabia Five Years after the Implementation of the «2030 Vision»
Prof. Maysoun Bouzid
Professor of Public and Financial Law
The Institute of Public Administration, Riyadh, KSA
Punitive Compensation in the Latin Legal System Complicated Question and Confused Answer! A Study of the French Position and an Explanation of the Egyptian and Lebanese Position (Part 1)
Prof. Mohamed Irfan Al-Khatib
Professor of Civil Law
Ahmed bin Mohammed Military College
Doha, Qatar
E-Monitoring System by E-Bracelet as an Alternative to Freedom-Deprivation Punishments: A Comparative Study
Dr. Rashid Hamed Al Bulushi
Associate Professor of Criminal Law
and Former Dean Faculty of Law
Sultan Qaboos University, Sultanate of Oman
Contemporary Legal Challenges for the Uses of the Internet of Things: A Study in the UAE and Comparative Legal System
Dr. Bashar Talal Al Momani
Associate Professor of Civil Law
Department of Private Law
College of Sharia and Law
University of Khorfakkan, Sharjah, UAE
Dr. Muammar bin Tariyah
Assistant Professor of Civil Law
Department of Private Law
College of Law
University of Sharjah, UAE
Virtual Currencies: The Legal Problem and Future Outlook
Dr. Jamal Abdulaziz Omar Al Othman
Assistant Professor of Commercial Law
Imam Malik College for Sharia and Law,
Dubai, UAE
E-Legal Education: Reality and Future
Prof. Kamal Abdelrahim Alaween
Professor of Pleadings Law
and former Faculty Dean
Faculty of Law - Jordan University
Dr. Muath Yahia Al-Zoubi
Assistant Professor of
Criminal Law
Faculty of Law - Jordan University
Dr. Ahmad Ali Kabbaha
Assistant Professor of Public
International Law
Faculty of Law - Jordan University
Dr. Ismaeel Nayef Al Hadidi
Assistant Professor of Commercial Law
Faculty of Law - Jordan University
Arab Economic Legislation and the Extent to which it Copes with Digital Transformation: The States of Kuwait and Algeria as Examples
Prof. Dr. Sami bin Hamla
Higher Education Professor, Faculty of Law
Mentouri Brothers University, Constantine 1, Algeria
Criminal Protection of Banking Information Systems and their Data from the Risk of Abstract Endangerment Crimes: A Comparative Study between the Jordanian Cybercrime Law and its Counterparts in the Gulf Cooperation Council Countries
Dr. Abdullah Mohammed Ehjelah
Assistant Professor of Criminal Law
Faculty of Law, Yarmouk University, Irbid, Jordan
Amira Saeed Sulaiman Al shamasi
Researcher, Criminal Law
Faculty of Law, Yarmouk University, Irbid, Jordan
Consumer Protection in the Sudanese Legal System and Kuwaiti Legislation: A Comparative Study
Dr. Samah El Ata Babiker Mohamed
Assistant Professor of Commercial Law
Faculty of Law, Al Neelain University, Sudan
The Impact of Economic Turmoil on Contemporary Islamic Finance
Dr. Sadiq Attia Qandil
Assistant Professor of Comparative Jurisprudence
Faculty of Sharia and Law, Islamic University of Gaza,
Chairman of the Sharia Supervisory Board of the
National Islamic Bank, Palestine
English Studies and Research
Real Property Ownership: A Comparative Analysis of the Legal Provisions under English Common Law and Kuwaiti Civil Code
Dr. Thafar M Alhajri
Associate Professor of Civil Law
Saad Al-Abdullah Academy for Security Sciences
State of Kuwait
Blockchain and Lebanese Corporate Law
Dr. Haissam Fadlallah
Associate Professor of Private Law
Lebanese University, Faculty of Law
French Section