Middle East Sources for your Essay

Middle East Dispute Resolution Judicial


" (2009) However, in the case of international disputes in which the seat of arbitration is in the Kingdom of Saudi Arabia the applicable law "is determined with reference to private international law." (Bertrand and Leathley, 2009) This means, according to law precedence from the Board of Grievances that the "law of the contract will be the law of the place of performance of the contract

Middle East Dispute Resolution Judicial


States are permitted to agree to only "two possible reservations upon ratification" in what are actually exceptions to its application: a requirement of reciprocity; and that the convention will only apply to arbitrations arising from legal relationships which are considered as commercial under the national law of the State making such declaration. (Bond, nd) Bond states that reciprocity is a "logical condition what is good for you is good for me but whether the dispute arises from a commercial relation may be more esoteric

Middle East Dispute Resolution Judicial


Arbitration Awards & Enforcement in Foreign Countries The work of Kazutake (nd) entitled: "Confirmation, Annulment, Recognition and Enforcement of Arbitral Awards" states that the enforcement of arbitral awards in foreign countries is "assured by multilateral conventions or bilateral treaties with the only exception to be refused to enforce on the grounds provided by convention or by treaty." (Kazutake, nd) the arbitral award is held to be valid as a court judgment however, this award requires court support for enforcement against the losing party that has not complied under the award

Middle East Dispute Resolution Judicial


In Saudi Arabia for instance, until the 1950s arbitration was the primary tool for resolving oil concession agreement disputes." (Kutty, 2005) Three phases in the Middle East in the area of international commercial arbitration is described in the work of Brower and Sharpe: (1) From the ending of World War II to the 1970s: a time when Islamic domestic laws where undermined and negated and the "superior" western laws where imposed in the arbitration of long-term oil concession disputes

Middle East Dispute Resolution Judicial


The MLM is stated to make provision for merchants to escape conflicts arising between "various customs and rules, and to avoid submitting to the authority of judges attached to pre-existing jurisdictions (the courts of feudal manors, city states, local gilds, the Church)." (Sweet, 2006) According to Sweet the MLM "governed virtually all long distance trade in Europe…" (2006) Sweet states that the MLM regime as of the nature that it was "properly produced, properly adjudicated, and voluntarily enforced

Middle East Dispute Resolution Judicial


Arbitration centers in the Middle East are stated to have historically been linked to local chambers of commerce. One such center is the GCC Commercial Arbitration Center stated to be "an independent, non-profit organization based in Bahrain which was established in 1993 by the chambers of commerce in each of the GCC countries…" (Jagusch and Kwan, 2008) the objective of the center is the promotion of arbitration and dispute resolution procedures in the Middle East as well as the establishment of strong relationships with other arbitration centers both those in Arab countries and international arbitration centers

Conflict Resolution in the Middle East


The claim of Jews is attributed to the historical reasons of biblical promise to Abraham and his descendants and based on the fact that this was the historical site of the Jewish kingdom of Israel and cater to the Jewish need for a haven from European anti-Semitism. (Palestine, Israel and the Arab-Israeli Conflict: A Primer) On the other hand the claims to the territory by the Palestinian Arab's are based on constant residence in the country for hundreds of years and they constitute the majority native of the land

Middle East -- a Region


But any free nation, which is the subject of Soviet enticement, ought, in elementary wisdom, to look behind the mask." (Eisenhower, 1957) "The idea of a strategic relationship between the United States and Israel emerged after the Suez crisis, when the Eisenhower administration realized that both countries had an interest in containing Nasser's influence

Middle East -- a Region


would intervene on behalf of Israel, Truman decided that it was best to counteract this possibility with support for Israel from the United States. (Isserof, 2003) But although the United States will continue to strongly support Israel it is likely that Israel's policies will no longer be supported with the unreserved enthusiasm during the Cold War, as exemplified during the recent negotiations between the Palestinians and Israelis

Middle East -- a Region


policymakers as it has for decades." (Richman, 1991) Economically, the Middle East is a critical source of oil, the fuel that propels the productivity of America and the entire industrialized world

Imperialism in the Middle East


" (Karpat 1982, 23) An assessment of state formation 'must attend to the precise matrix from which [it] was launched' (Bromley 1994, 45) (yet it is evident that the British failed to appreciate this. The Western, Weberian, conception of a state, in which the territoriality and legitimacy of the system are paramount (Anderson 1987, 2) was fundamentally incompatible to the nature of Middle Eastern societies, which had previously comprised of a tributary empire, nomads and a tribal state (Bromley 1994, 34)

Imperialism in the Middle East


Iraq emerged as a result of the peace settlement and was arbitrarily formed of three former Ottoman provinces; Mosul, Basra and Baghdad. Although Egypt had been occupied, supposedly temporarily, by the British since 1882, it became the 'cornerstone of British colonial supremacy' (Ayubi 1995, 88)

Imperialism in the Middle East


Therefore; 'In Iraq there is still…no Iraqi people, but unimaginable masses of human beings, devoid of any patriotic ideal, imbued with religious traditions and absurdities, connected to no common tie, giving ear to evil, prone to anarchy, and perpetually ready to rise against any government whatsoever.' (Faisal 1933, Quoted in Yapp 1991, 70) In addition to the inevitable conflict between the social groups, Iraq was also subject to great friction between the urban and rural communities, described as 'two almost separate worlds' (Batutu 1993, 503)

Imperialism in the Middle East


All it wishes is to live freely and independently, that each nation shall make its own destiny, exploit the riches of her soil for the benefit of her own children, and respect the independence of other nations be they eastern or western." (Karpat 1982, 23) An assessment of state formation 'must attend to the precise matrix from which [it] was launched' (Bromley 1994, 45) (yet it is evident that the British failed to appreciate this

Imperialism in the Middle East


Britain and France collaborated in mid-October 1956 to enjoin a joint interposition in Egypt, aware that the Israeli's had plans to invade Egypt as well. Aware of the upcoming Israeli plan to invade the Sinai, French officials suggested that a Franco-British force could enter Egypt ostensibly to separate the combatants, while actually assuming command of the whole Suez waterway (Carlton 1989)

Imperialism in the Middle East


Although Egypt had been occupied, supposedly temporarily, by the British since 1882, it became the 'cornerstone of British colonial supremacy' (Ayubi 1995, 88). In order to 'secure its essential strategic needs without incurring the expenses of directly governing the territories' (Cleveland 2004, 193), Britain installed a pliable monarch in both states

Imperialism in the Middle East


The formation of Nation States has led to often artificial state-centric politics where previously the nation executed a more important role. Indeed Bromley suggest that it is the state which is the barrier to democracy in the Middle East and not Islam as is popularly concluded (Deegan 1993)

Imperialism in the Middle East


The intrinsic conflict that rendered this process problematic can be summarized by Cromer, who states that the colonizers were; 'striving to attain two ideals, which are apt to be mutually destructive -- the ideal of good government, which connotes the continuance of his [English] supremacy, and the ideal of self-government, which connotes the whole or partial abdication of his supreme position.' (Wilson 1931, 72) While purporting to be installing a system politically superior to its predecessor, the British fail to cultivate any notion of political freedom, rights of the individual or mass representation that are traditionally linked with Western liberal democracy (Haj 1997, 81)

Imperialism in the Middle East


Yet the system of territorial states has proven extremely resilient. One lasting and significant effect of Western imperialism in Egypt and Iraq is the ideological legacy left behind and the 'determinant role' (Halliday 2005, 83) played by nationalism

Imperialism in the Middle East


All it wishes is to live freely and independently, that each nation shall make its own destiny, exploit the riches of her soil for the benefit of her own children, and respect the independence of other nations be they eastern or western." (Karpat 1982, 23) An assessment of state formation 'must attend to the precise matrix from which [it] was launched' (Bromley 1994, 45) (yet it is evident that the British failed to appreciate this