Saudi Cultural Missions Theses & Dissertations
Permanent URI for this communityhttps://drepo.sdl.edu.sa/handle/20.500.14154/10
Browse
2 results
Search Results
Item Restricted The Public Policy Exception to The New York Convention: The Gulf Cooperation Council (GCC) Perspective(University of Reading, 2024-09-20) aldhafeeri, ahmed; Adebola, Bolanle; Merkin, RobertDespite the crucial role of public policy in the recognition and enforcement of arbitral awards, the New York Convention 1958 lacks any explicit elucidation of this exception. This absence of clarification has sparked concerns that public policy may be subject to misuse or misapplied in some states, including the Gulf Cooperation Council (GCC) States. Some practitioners attribute the misapplication of public policy in these States to the impact of Sharia, which is often utilised as a synonym for public policy. Hence, they suggest that these States should minimise the role of Sharia. The literature on public policy in the GCC States is limited. To build a thorough understanding of public policy within these states and to evaluate their practices, a doctrinal methodology was primarily employed for the critical analysis of both primary and secondary sources. Uniquely, and contrary to other studies that treat GCC States as a monolithic bloc, this thesis argues that the application of the public policy exception varies across the GCC States. It argues further that GCC States do not follow a specific method in applying and interpreting public policy. While practices in Qatar, and the UAE demonstrate broad application and interpretation of public policy, their counterparts—Kuwait, Oman, and Bahrain—show a more favourable approach towards the enforcement of foreign arbitral awards and the application of public policy. The misapplication of public policy is attributable to two primary factors: first, inadequate legislation regulating arbitration, including the role of Sharia in this process; and second, the lack of familiarity among courts and arbitration bodies with the application of public policy. The thesis finds that Sharia and public policy are not synonymous; however, Sharia constitutes a part of the GCC States' public policy. Additionally, it concludes that Sharia does not inherently hinder the recognition and enforcement of foreign arbitral awards. Nevertheless, the unclear way GCC States adopt Sharia contributes to the misapplication and misinterpretation of public policy. Foreign arbitral awards that breach Sharia may still be enforceable in the GCC States, provided they do not contravene the primary sources of Sharia, namely the Quran and Sunnah. The thesis suggests codifying Sharia or adopting a specific school of jurisprudence as ways of ameliorating the problem. It also urges the legislatures in the GCC States to adopt a unified arbitration law that distinguishes and categorises public policy into, for example, domestic and international public policy.14 0Item Restricted Assessment of Inclusive Public Participation in the Personal Data Protection Law Amendment in The Kingdom of Saudi Arabia(London School of Economics and Political Science, 2024-05-07) Alanazi, Ghaida; Grand, Julian LeThe Kingdom of Saudi Arabia introduced the first technology law during Vision 2030; the Personal Data Protection Law (PDPL) in September 2021. The first version of the law was never implemented for many reasons. The government issued a royal decree extending the deadline for implementation, and the data regulator initiated a deliberative process for the PDPL Amendment. This study uses a theoretical procedural fairness framework to evaluate public participation and inclusiveness in the amendment process. Public consultation and deliberation are the most differentiating factors between the first development of the law amendment process. The evaluation of inclusiveness and public participation is contrasted with the experiences in the GDPR development and UK GDPR public consultation process since the UK only amended GDPR post-Brexit. This study does not offer a direct comparison to these international experiences but verifies the completeness of the Saudi experience. The study gathers data mainly from interviews with officials who significantly contributed to the amendment of the PDPL. The process to amend the PDPL resulted in a new regulatory approach that aligns with the GDPR best practices. It resolved the main issues highlighted during a process of private and public consultation. This study offers a nuanced view on the tools that facilitated engagement with different stakeholders in the pursuit of amending the law to meet diverse set of objectives including resolution no. 713 established the first requirement for evidence-based policymaking and required a call for public consultation in the event of the law amendment. The embedded Vision 2030 policies and procedures that implement collaborative cooperation inside the government organized unofficial working groups that collaborated to advocate for a diverse set of objectives presented in the feedback from non-government organizations. The highly iterative deliberation process during the private consultation phase enabled different parties to scrutinize conclusions and improve deliberation outcomes. Initiatives from different officials allowed the interests of vulnerable groups to be evaluated. These factors helped develop a shared understanding between different stakeholders during the private and public consultation periods. However, the separation of private and public consultations limited transparency and might have jeopardized the effort to include different voices. The effect of this approach to law amendment will require further assessment through interviews with non-government stakeholders.40 0