Question

Discuss legal system in United Arab Emirates and provide a few examples of its execution.

Answer 1

The United Arab Emirates (UAE) is a federation of seven semiautonomous emirates with a resident population of approximately six million, of whom approximately 20 percent (one million) are citizens. The rulers of the seven emirates constitute the Federal Supreme Council, the country's highest legislative and executive body. The council selects a president and a vice president from its membership, and the president appoints the prime minister and cabinet. In 2004 the council selected Sheikh Khalifa bin Zayed al-Nahyan, ruler of Abu Dhabi Emirate, as head of state for a five-year term. In November 2009 the council reselected Sheikh Khalifa to a second term as president. The emirates are under patriarchal rule with political allegiance defined by loyalty to tribal leaders, to leaders of the individual emirates, and to leaders of the federation. There are no democratically elected legislative institutions or political parties. There are no general elections. Citizens can express their concerns directly to their leaders through traditional, consultative mechanisms such as the open "majlis" (forum). The Federal National Council (FNC), a consultative body, consists of 40 representatives, 20 elected by an appointed electorate in 2006. Security forces reported to civilian authorities. Citizens did not have the right to change their government. There were unverified reports of torture during the year, and security forces sometimes employed flogging as judicially sanctioned punishment. Arbitrary and incommunicado detention remained a problem. The judiciary lacked independence. The government interfered with privacy and restricted civil liberties, including freedoms of speech, press (including the Internet), assembly, association, and religion. There were limited reports of corruption, and the government lacked transparency. Domestic abuse of women remained a problem, and there were allegations that police sometimes enabled domestic abuse. Legal and societal discrimination against women and noncitizens was pervasive. Trafficking in persons continued, the government severely restricted the rights of foreign workers, and abuse of foreign domestic servants remained problematic.

RESPECT FOR HUMAN RIGHTS

Section 1

Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life UNITED ARAB EMIRATES

Section 2

There were no reports that the government or its agents committed arbitrary or unlawful killings. b. Disappearance There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The UAE constitution History Prior to 1971, what is now the United Arab Emirates was a British protectorate – the British Residency of the Persian Gulf. In 1971, a temporary constitution was formed which enshrined the legal and political framework of the United Arab Emirates, also referred to as ‘The Union’. This union is commemorated as the UAE National Day on 2nd December each year which celebrates its formal independence as a federal state and which encourages the feeling of unity and common beliefs across the seven emirates. The Union was originally comprised of six emirates namely Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah and Umm Al Quwain. The emirate of Ras 40 Commercial Law in a Global Context Al Khaimah became the seventh and last emirate to formally join the federation in 1972. The capital of the UAE is Abu Dhabi.

Preamble, parts and articles of the Constitution The preamble illustrates the motives behind the Union of the emirates which essentially revolve around establishing peace, unity and obtaining a stronger international presence in view of the upcoming globalization. There are 10 parts in the UAE Constitution namely; 1 The Union, its fundamental constituents and aims 2 The Fundamental social and economic bases of the Union 3 Freedom, rights and public duties 4 The union authorities 5 Union legislation and decrees and the authorities having jurisdiction therein 6 The emirates 7 The distribution of legislative, executive and international jurisdiction between the union and the emirates 8 The financial affairs of the union 9 The armed forces and the security forces 10 Final and transitional provisions These parts are further subcategorized into 151 articles with their main purpose being to encapsulate the various unanimous undertakings of the seven rulers from the seven emirates.

The Federal Supreme Council The Federal Supreme Council which is also known as the Supreme Council of the Union was established by Article 45 of the Constitution which also stipulated, in addition, that the union will consist of – The President of the Union and his Deputy The Council of Ministers of the Union The Union National Council The Union Judiciary Articles 46 and 47 further entitle the Federal Supreme Council to enjoy supreme law-making powers whilst also being viewed as the highest constitutional authority, thereby formulating general policies on all matters related to the union and other matters that would contribute to the achievement of the motives behind the union of the emirates. The Federal Supreme Council is the body responsible for the sanctioning of decrees on matters that are subject to ratification and which require its approval. Amidst several supreme powers, it is also vested with the power of appointing the Chairman of the Council of Ministers of the Union as well as his resignation and the appointment of the President and the judges of the Supreme Union Court as well as their resignation or dismissal.

Formal sources of law An overview of the various sources of law in the UAE Despite the fact that the core principles of law in the UAE are derived from Shari’a, most of its legislation is comprised of a mixture of concepts from civil law jurisdictions and in particular it was strongly influenced by Egyptian legal codes, which in turn were influenced by French law.