Chief-in-Editor Prof. Badria A. Al-Awadi
The fifth issue of the Second Volume Kuwait International Law School Journal, released by the end of the 2014 academic year and on the eve of 2015, contains 6 various articles in both Arabic and English languages.
In the first article entitled “Judicial Trends in the Liability of Supervisors in Kuwait”, Dr. Saleh N. Alotieby concludes that Kuwaiti courts tend to adopt a restrictive approach that aims at protecting the supervised, while maintaining the supervisors right to claim any damages paid to the harmed party from the supervised.
Dr. Shereen Elessily addresses an extremely important and timely issue in Kuwait. In a male-dominated Society, where males monopolize the judicial profession, the society is split over women’s right to practice this profession. While civil society organizations call for equality and support women’s rights, the judicial authority’s position remains indecisive. Dr. Elessily’s article “Assuming Judicial Office by Women Between Restrictions and Freedom: A Comparative Study in Light of Islamic Sharia and Positive Laws” explores all the aspects of this crucial issue.
This issue also includes a highly debatable topic between Arab scholars. For instance, Dr, Abdulhafez A. Alshimi, Associate Professor in Qatar University Law School, concludes in his article “The Employee’s Liability for Implementing Supervisory (Managerial) Illegal Orders: A Comparative Study in German, French, Egyptian, and GCC States’ Laws” that the restrictions imposed in the laws of the states prevents holding the employee liable for merely executing an unlawful administrative order notwithstanding the circumstances of such an execution. Dr. Ahmed Abo Alwafaa, Law Professor at the Faculty of Law, Cairo University, studies the legal and Islamic aspects of Islamic economic system in his article “Islamic Economic System Suitability in the Framework of Global Economy” .
Additionally, the issue includes two articles in English. The first explores “The Legal Status of Petroleum Development Agreements in International Law and The Problem of Characterization: A Proposed way Forward” The article suggests a new legal framework for understanding international oil treaties in the twenty-first century. The second English article Written by Dr. Abbas Alshemy and entitled “The Significance of an English Foundation Course at the Kuwait International College of Law, (KiLaw) in Kuwait” analyzes the reasons for the gap between the academic outcomes of higher education and high school, which negatively affect the results in the English courses at the university.