The UAE, characterized by its strategic location and its status as a global hub for trade and investment, represents a unique model in dealing with the structure of International Law in the UAE.

The UAE’s vision is not limited to adhering to international treaties and conventions; it goes beyond that to become a key influential factor in shaping modern international law rules, especially concerning economic, commercial, and human rights law.

The interaction between the domestic (national) law and international law in the UAE creates a strong framework that reinforces state sovereignty and secures its interests while upholding ethical and legal responsibilities towards the international community.

This article reviews the position of international law within the Emirati legal system and its integration process, while highlighting the key areas demonstrating this complex and realistic relationship.

International Law in the UAE | Constitutional Basis and Legal Integration

To understand the standing of International Law in the UAE, we must refer to the primary source of legal authority: the Constitution of the United Arab Emirates.

1. Constitutional Status of Treaties:

The Constitution does not explicitly or clearly define the priority hierarchy between international law (treaties) and domestic legislation with the same level of detail found in some European constitutions. However, legal practice and relevant constitutional articles indicate the acceptance of the principle of commitment.

• Mandate: Article (121) of the Constitution grants authority to the competent federal bodies to conclude international treaties and conventions.

• Ratification Process: International treaties must pass through legislative and executive stages (signing, ratification by a Federal Decree, and then publication in the Official Gazette). Once published, they are practically integrated into the domestic legal system.

• The Doctrine of Transformation: Like most countries with a civil legal system, the UAE follows the doctrine of transformation. A treaty does not become part of domestic law until an internal legislative act is taken, which is the ratification decree and publication. This ensures that international legislation is interpreted and applied by national courts.

In practical reality, Emirati courts give significant weight to ratified international obligations,
viewing them as complementary and interpretive of local laws, especially in the absence of a local legal text or in case of a legal dispute involving international parties.

2. Principle of Sovereignty and Commitment:

The UAE balances its commitment to international law with the preservation of its national sovereignty. Adherence to international treaties is viewed as an expression of the state’s sovereign will to voluntarily accept certain rules, not as an imposition by an external authority. This balance allows the UAE to selectively and effectively deal with obligations that serve its developmental, economic, and political interests.

International Economic and Commercial Law

International economic law is considered the most active and influential field in Emirati legal practice, given the country’s role.

• World Trade Organization (WTO): As a founding member of the WTO, the UAE adheres to the principles of trade liberalization and non-discrimination. This commitment has led to:

  • Development of customs and commercial laws.

  • Updating legislation to comply with GATT agreements and import/export licensing.

• Intellectual Property (IP) Laws: The implementation of the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) through the enactment of strict laws protecting patents, trademarks, and copyrights. This commitment is a cornerstone for attracting global technology and creative companies.

• Bilateral and Multilateral Investment Agreements: The UAE has signed numerous bilateral investment promotion and protection agreements, in addition to agreements for the avoidance of double taxation. These agreements, based on international law, provide:

  • Protection for Foreign Investors: Guaranteeing fair and equitable treatment, and preventing expropriation except for public interest and against prompt and adequate compensation.

  • Dispute Settlement: Institutionalizing recourse to international arbitration, such as the International Centre for Settlement of Investment Disputes (ICSID) affiliated with the World Bank, as a mechanism for settling disputes between the state and the foreign investor, thereby increasing confidence in the investment environment.

International Humanitarian Law and Human Rights

The UAE plays a vital role in International Humanitarian Law with increasing development in the field of Human Rights.

• Commitment to Humanitarian Aid: The UAE is one of the world’s largest humanitarian aid donors, a role translated into a practical commitment to the rules of International Humanitarian Law as stipulated in the 1949 Geneva Conventions and their Additional Protocols. This includes:

  • Neutral Assistance: Commitment to providing humanitarian aid without discrimination, a fundamental principle of IHL.

  • Combating Terrorism Financing: The state plays a leading role in implementing UN Security Council resolutions related to combating terrorism financing and money laundering, reflecting its commitment to international financial standards.

• Growing Human Rights Commitment: The UAE has ratified key conventions and shown an increasing commitment to developing its local legislation, despite not ratifying all international human rights conventions:

  • Key Ratified Conventions: The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), and the Convention Against Torture (CAT).

  • Expatriate Labor Rights: Due to the UAE’s significant reliance on expatriate labor, the state has issued advanced labor laws, such as the new Labour Law and regulations protecting workers, including the Wages Protection System (WPS). These laws interact with the principles of the International Labour Organization (ILO).

  • Protection Against Human Trafficking: The UAE was one of the first countries to enact a comprehensive law to combat human trafficking (Federal Law No. 51 of 2006 and its amendments), demonstrating a commitment to international protocols against this crime.

International Law of the Sea and Environmental Law

Given its vital coastal location, adherence to the Law of the Sea and Environmental Law is a top priority.

• Law of the Sea (UNCLOS): The UAE is a party to the United Nations Convention on the Law of the Sea (UNCLOS), which governs the use of oceans and seas. This commitment has a direct impact on:

  • Maritime Boundary Delimitation: Demarcating territorial waters and the Exclusive Economic Zone (EEZ) and contributing to maritime security.

  • Navigation Safety: Adherence to International Maritime Organization (IMO) conventions to ensure the safety of navigation in vital straits and waterways.

• Environmental and Climate Law: The UAE is committed to its international pledges regarding sustainability and combating climate change, especially after hosting the Climate Summit (COP28).

  • Paris Agreement: The state is committed to achieving climate neutrality by 2050, an obligation derived from this international convention.

  • Protection of Marine and Terrestrial Environments: Local environmental legislation aligns with international conventions for protecting biodiversity and limiting pollution.

The Best Specialized Office for International Law in the UAE

Samaha Legal Consultations Office in the UAE provides the necessary legal support to advance interests and preserve rights in various international cases.

Here are several examples of diverse international cases:

• International Civil Cases: This includes all cases under international civil and commercial law, such as contract disputes, compensation claims, and real estate litigation.

• International Criminal Cases: This involves international cases related to criminal defense attorneys that affect the security and safety of both local and international communities.

• International Human Rights Cases: This includes cases related to the violation of human rights and international humanitarian crimes, aiming to implement international human rights laws.

If you are a party to an international case, you should turn to Samaha Legal Consultations Office in the UAE to act as
your legal representative throughout the stages of the case.

At Samaha Legal Consultations Office, we provide you with legal representation services before official bodies and judicial authorities. Contact us.

We strive to provide our services with high professionalism through a professional legal environment that includes skilled
and highly competent professional cadres, Contact Us.