SACM - United Kingdom
Permanent URI for this collectionhttps://drepo.sdl.edu.sa/handle/20.500.14154/9667
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Item Restricted THE LACK OF FOREIGN TERRORIST REPATRIATION AND HOW IT CAN BE THE LEADING REASON FO TERRORISM(Saudi Digital Library, 2022-11-14) Algilani, Sarah; Mignot, MahdaviThe primary aim of the qualitative study is to explore the literature concerning the issue of repatriation and understand its influence on the existence or eradication of terrorist activities within the global community. The study evaluates the options provided by the human rights crusaders, including the proponents of international laws on dealing with the issue of foreign fighters to facilitate the fair prosecution of the suspects and the rehabilitation and restoration of the foreign fighters into their nations of origin. The study conducts intensive desk research to ensure that the objectives, aims, and problems inherent in the study are effectively addressed and strives to ensure that the research findings provide appropriate responses to the research questions. The study embraces the interpretivism research philosophy, inductive research approach, ethnographic strategy, and thematic data analysis to evaluate the qualitative data to understand the problem of foreign fighters within the community and provide solutions on repatriation and fair prosecution of foreign fighters to facilitate the reduction of terrorist activities and radicalisation within the future global society. The study reiterates the fair treatment of children and wives of foreign fighters who should be treated differently compared to the FTFs. The study's findings shall inform the current and future policies on repatriation of FTFs, providing guidance and regulation on the international law experts and practitioners on the appropriate strategies of handling FTFs, especially concerning the subject of repatriation. Keywords: Repatriation, foreign terrorist fighters (FTFs), international law, Islamic State in Iraq and Syria (ISIS), territorial jurisdiction, criminal jurisdiction, terrorism, radicalisation, extremism, and human rights.36 0Item Restricted Arbitration in maritime transport contracts between Saudi law and international law(Saudi Digital Library, 2023-11-23) Aldawsari, Sultan; Eden, PaulIn 2019, Saudi Arabia introduced the new Maritime Code, which is considered to be aligned with international law in providing a comprehensive legal framework for the maritime sector. Other steps Saudi Arabia has taken to enhance arbitration law in the maritime sector include the establishment of the Saudi Centre for Commercial Arbitration (SCCA) and the revised SCCA Arbitration Rules in 2023. These developments in Saudi Arabian law present a viable scope for comparison between Saudi Arabian law and international law. This dissertation limited this comparison to the field of commercial arbitration for maritime contracts. The specific scope of this dissertation was to analyse the resolution of maritime commercial contract disputes under Saudi arbitration law. This research concerned the question of whether the Saudi law contained in the Maritime Code of 2019 provides provisions for arbitration in maritime transport contracts which are comparable with international law in this field. Using a combination of doctrinal research and comparative legal research methods, this dissertation engaged with the emerging law in Saudi Arabia around maritime contract dispute arbitration. The dissertation found that the Saudi legal system had made significant changes to the framework on foreign arbitration, thereby aligning itself with the New York Convention and the UNCITRAL Model Law. However, the dissertation also determined that the enforcement of foreign awards in the event of conflict with Sharia is still an area of concern.19 0Item Restricted The inadequacy of compliance theory: A case study of Saudi Arabia and TRIPS(Saudi Digital Library, 2023-05-25) Alsaeed, Omar; Alattar, MohsenInnovation and emerging technologies continue to drive the marketplace and global economy, increasing the convergence of international companies working with each other and necessitating the negotiation and adoption of new legal agreements between states. International trade law has sought to maintain the integrity of the global market by protecting intellectual property (“IP”) and establishing international agreements, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), that ensure the protection of IP rights and related rights at the international level. Compliance with such agreements has been the subject of considerable debate among legal scholars, many of whom wrestle with binary frameworks that depict states as either compliant or non-compliant. This study investigates one international actor, the Kingdom of Saudi Arabia (“the KSA” or “the Kingdom”), and the factors that govern the extent of its compliance with international legal agreements, and particularly with TRIPS. Adopting a library-based, qualitative analytical approach, this thesis discusses the lack of consensus over the relationship between compliance and implementation and the absence of a suitable theory that examines compliance comprehensively. First, a distinction is drawn between the KSA’s implementation of TRIPS and its compliance therewith, and the gap between the two is assessed. Next, through a critique of various theories of compliance, the challenges it presents even for those states that wish to comply are considered. Finally, Jacobson and Weiss’s comprehensive model of compliance is applied to the case of the KSA to develop a deeper understanding of the Kingdom’s complex relationship with TRIPS and with international legal agreements generally. The findings suggest that scholars may be better served by a sliding scale model as opposed to the widely practised binary model.38 0