وضع المعاهدة الدولية في دستور دولة الإمارات العربية المتحدة

Abstract EN

Like other countries, the United Arab Emirates (UAE) needs to enter into treaties to regulate its relations with States and the international community.

Indeed, the UAE is a party to several international treaties in several areas; including labor, human rights, aviation, international humanitarian law, judicial cooperation, the fight against organized crime and human trafficking, etc.

In light of the existence of these numerous international treaties concerning the UAE, the question arises about the status of international treaty in the United Arab Emirates; i.e., what is the binding force of the International Treaty in relation to other legal rules? What is the solution when international treaty conflicts with the Constitution, federal law or local law? And how can the national judiciary interpret international treaty? This study has attempted to answer these questions.

The study shows the need to take into account the following recommendations.

First, the Constitution may contain a provision stipulating what the binding force of the International Treaty is in relation to other legal rules.

Second, the law provides that the Federal Supreme Court may grant jurisdiction of the previous control of the constitutionality of treaties in case of a request from the Supreme Council of the Union, the Council of Ministers or the Federal National Council.

Third, the UAE may accede to the Vienna Convention on the Law of Treaties (1969).

Fourth, the subsequent federal law must be interpreted in a manner as not to lead to the violation of previous international treaties