Publication: إشكالية التفسير القضائي لقواعد القانون الجوي في القانون الإماراتي
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Date
2023
Journal Title
Journal ISSN
Volume Title
Publisher
Usuli Faqih Research Centre PLT
Abstract
The research aims to identify the legal problems in the interpretation of the rules of aviation law, clarify their forms, overcome these problems, and find legal solutions to them. The study aimed to introduce the judicial interpretation of aviation law in the United Arab Emirates. The UAE Aviation Law is directly based on international conventions that regulate the rules of aviation law, and the problem of the study revolves around the extent of the role of the UAE judiciary in interpreting the rules of aviation law. This is evident when the rules of aviation law are regulated by the legislator in accordance with international conventions related to air transport, and due to that, the UAE legislator did not provide in the Civil Aviation Law on the role of the judiciary in interpreting the rules of law. The issue of air transport is a modern issue, whereas the position of Islamic law on air transport is largely measured by land transport. The study relies on the descriptive analytical approach and the comparative approach through the analysis of jurisprudential and legal opinions, Aviation Law articles, international conventions, and comparing the position of UAE law with Egyptian law and sometimes with French law in some matters related to the judicial interpretation of Aviation Law. The study reached a very important conclusion: the UAE legislator did not stipulate in any article of the current law rules for the interpretation of the articles of the law but rather made the interpretation in matters of aviation law according to what was stipulated in international conventions. The judicial interpretation of the rules of aviation law in the United Arab Emirates is limited to the interpretation of the terms of agreements and contracts concluded between the parties, without having a role in interpreting the basics of law. As a solution to this problem, the researcher suggests that the UAE legislator add a legal article to the Federal Civil Aviation Law showing the role of the judiciary in interpreting the rules of aviation law. Also, it is suggested that the text of the article be: “The UAE judiciary is competent to interpret the fundamental rules of aviation law in the event of any conflict, confusion, or ambiguity in the provisions of the law with the local laws regulating civil aviation”.
Description
Perdana: International Journal of Academic Research
Volume: 18 No: 1 (page: 65-76)
Keywords
Aviation Law, Interpretation, Judiciary, Jurisprudence, UAE