Legal Value of International Treaties in the Jordanian and UAE Legislations

Abstract

This research addresses the legal status of international treaties under the Jordanian and UAE legislations. The incorporation of international treaties into national legislations without the approval of the national legislature will create deformed rules contradicting with the principle of legality, especially when criminal rules are concerned. The research problem lies in the fact that the Jordanian Constitution contains no explicit clause which gives the priority to treaty law over domestic law. Nevertheless, Article 33/2 of the Constitution, which was amended twice in 1958 and 1985, regulates the relationship between the Jordanian law and international treaties, but has no explicit clause which provides for the priority of treaty law over the rules of the Jordanian domestic law. The research further addresses Article 19 of the Civil Aviation Law of the UAE, which gives priority to the rules of the UAE Civil Aviation Act over international treaties, and which has the priority of application in the case of contradiction with international treaties. The researcher has followed a descriptive analytical approach in discussing the legal status of international treaties under the Jordanian and UAE legislations. The researcher has also followed a comparative approach by comparing the provisions of the Jordanian and UAE legislations in order to identify any conformities or discrepancies and identify the degree to which they can be of use to each other.