Date of Defense
13-11-2025 1:30 PM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Public Law (MPL)
College
COL
Department
Public Law
First Advisor
Dr. Tareq Abo El Wafa
Abstract
This thesis examines and analyzes the interpretation of international treaties and agreements in the legal system of the United Arab Emirates, focusing in particular on the jurisdiction granted to the Federal Supreme Court in this area. It aims to clarify the legal nature of interpretation claims, the procedures related to them, and the impact of the rulings issued in this regard, in light of the UAE Constitution and recent legislative developments, particularly Federal Decree-Law No. (33) of 2022.
The study concludes that the UAE legislator has granted the Federal Supreme Court exclusive jurisdiction to interpret international treaties, and that this interpretation is achieved through an independent, substantive lawsuit, not based on a traditional dispute between parties, but rather aimed at clarifying ambiguity surrounding international texts. The letter also explained that the lawsuit is subject to special procedures, which may arise at the request of a competent authority or upon referral from the trial courts. The Federal Supreme Court relies on international rules in its interpretation, particularly those stipulated in the 1969 Vienna Convention on the Law of Treaties.
The letter also explained that the Federal Supreme Court's decisions in this regard enjoy absolute authoritativeness and comprehensive binding force for all authorities and individuals in the state, making their interpretation a fundamental pillar for achieving harmony between domestic legislation and international obligations. The study also addressed the relationship between international law and national law in the UAE system, concluding that the UAE adopts the principle of dualism, whereby international treaties do not acquire the force of law until they are ratified and officially published.
In light of these findings, the study recommended a number of legislative and procedural proposals, including: amending the constitutional texts to explicitly state the jurisdiction of the Federal Supreme Court, regulating the procedures for interpretation lawsuits through executive regulations, and defining the status of treaties within the national legislative system to avoid any potential future contradictions.
Included in
THE FEDERAL SUPREME COURT'S JURISDICTION TO INTERPRET INTERNATIONAL TREATIES AND AGREEMENTS
H2-1005
This thesis examines and analyzes the interpretation of international treaties and agreements in the legal system of the United Arab Emirates, focusing in particular on the jurisdiction granted to the Federal Supreme Court in this area. It aims to clarify the legal nature of interpretation claims, the procedures related to them, and the impact of the rulings issued in this regard, in light of the UAE Constitution and recent legislative developments, particularly Federal Decree-Law No. (33) of 2022.
The study concludes that the UAE legislator has granted the Federal Supreme Court exclusive jurisdiction to interpret international treaties, and that this interpretation is achieved through an independent, substantive lawsuit, not based on a traditional dispute between parties, but rather aimed at clarifying ambiguity surrounding international texts. The letter also explained that the lawsuit is subject to special procedures, which may arise at the request of a competent authority or upon referral from the trial courts. The Federal Supreme Court relies on international rules in its interpretation, particularly those stipulated in the 1969 Vienna Convention on the Law of Treaties.
The letter also explained that the Federal Supreme Court's decisions in this regard enjoy absolute authoritativeness and comprehensive binding force for all authorities and individuals in the state, making their interpretation a fundamental pillar for achieving harmony between domestic legislation and international obligations. The study also addressed the relationship between international law and national law in the UAE system, concluding that the UAE adopts the principle of dualism, whereby international treaties do not acquire the force of law until they are ratified and officially published.
In light of these findings, the study recommended a number of legislative and procedural proposals, including: amending the constitutional texts to explicitly state the jurisdiction of the Federal Supreme Court, regulating the procedures for interpretation lawsuits through executive regulations, and defining the status of treaties within the national legislative system to avoid any potential future contradictions.