Relation between International Law and Emirati Law concerning International Dispute Settlement
Both International law and Emirati law advocate for diplomacy during resolution of disputes. According to the Emirati law, disputes are generally solved through direct negotiation and settlement among the parties involved after they have concluded a substantive contract that regulates their substantive rights and an arbitration contract that acts as a means for resolving the dispute that arises from the substantive agreement.
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The two contracts are supposed to be attached to each other before submission to the civil or arbitration courts. Nevertheless, for the case of Emirati law, several Sharia core principles are applied during the resolution of business disputes. For instance, the risks and benefits between the investors should be shared in an amount that is proportional to their initial investment. Both contracts by the parties must be signed with complete certainty or knowledge of terms between the two parties.
Besides, the parties must also assume or possess the required legal responsibility to comprehend the obligations contained in the contracts. The Emirati law requires all the parties involved to enter into the contract after consenting to the terms without any coercion or compulsion (Khedr, 2010). In international law, similar principles apply during the signing of agreements between two parties. For instance, both parties share the accrued risks involved in the business, depending on their initial investment.
The parties should have full knowledge of the arbitration agreements signed with no evidence of coercion. They should also bear legal responsibilities during the signing of the arbitration agreement.
The international law also provides that the dispute shall be provided by the domestic court or through an arbitral tribunal (Berger, 2006). Therefore, the International and the Emirati laws can be regarded as complimentary when it comes to promoting dialogue and negotiation in cases of arbitration. They provide room for fair terms of agreement among the parties involved.
Vienna Conventions on Diplomatic Relations and Consular Relations
Arrest of Diplomats
The Diplomat has immunity to his or her arrest or detention with limited exception as it is witnessed in the case of drunk driving or after invocation of this right by the sending state. Hence, the Diplomat cannot be prosecuted in a civil or criminal court since this move is prohibited. The family members who are considered part of the Diplomat’s household are also protected under similar terms and conditions.
Tax Provisions for Diplomats
Diplomatic agents benefit from exemption of direct taxes except few indirect taxes such as prices of products, taxes from inheritance, and taxes that accrue from private real estate. These benefits extend to the Diplomat’s family members who are considered part of his or her household with the condition that they are not citizens of the receiving state.
The technical and administrative staffs of the Diplomat, with their families, are also exempted from paying tax in the event that they are not citizens of the receiving state. In addition, servants who are members of the Diplomat’s mission and/or are not nationals are also exempted, but only limited to taxes on their salaries (Lang, 2012).
Freedom of Communication
In accordance with the principle contained in Article 27, Diplomats should not be subjected to restrictions in their movement and communication such as entry into prohibited zones. In this regard, the receiving state shall permit and ensure that the free communication on the part of the ambassadorial mission is protected.
In addition, this clause provides that the sending state has a mandate to employ any appropriate means such as sending of diplomatic messages in codes. However, before the installation and use of a wireless transmitter, the sending state shall inform and receive consent from the receiving state (O’Brien, 2001).
Berger, K. (2006). Private dispute resolution in international business. Netherlands: Kluwer Law International.
Khedr, A. (2010). A Guide to United Arab Emirates Legal System – GlobaLex, Nyulawglobal.org. Retrieved from https://www.nyulawglobal.org/globalex/United_Arab_Emirates.html
Lang, M. (2012). Tax rules in non-tax agreements. Malaysia: IBFD.
O’Brien, J. (2001). International law. London: Routledge.