The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy of such a domestic forum within the context of human rights norms and the law of occupation. In particular, there was a major strand of thought from outside Iraq that the most legitimate and appropriate forum would have been an international process under the authority of the United Nations. This article examines the arguments made by the Iraqis who demanded a domestic process based on their inquisitorial model, setting them in the broader context of the emerging trends in international criminal law. Through a detailed and unique analysis of the provisions of human rights law and underlying Iraqi procedural law, it criticizes the arguments made by some that assume the illegitimacy of the tribunal under established international norms. The article provides the most detailed explanation of the law of occupation as it emerged following World War II to conclude that the establishment of the Tribunal as an independent court, and its subsequent validation by sovereign Iraqi domestic authorities, was completely valid and proper. The overarching theme of the article is that the imposition of artificial standards and the complete revocation of the preexisting Iraqi judicial structures would have created a process deemed wholly illegitimate by the Iraqi people and judiciary that would have undermined the establishment of the rule of law in Iraq. The author’s personal interactions with the judges serve to support the conclusion that the Tribunal is capable of serving as the doorway through which the detailed body of international criminal law is introduced to the broader Arabic speaking world.

Until the year 2000, there was no specific statute enacted in Jordan that regulates unfair competition. In the year 2000, the Jordanian Unfair Competition Law No. 15 of 2000 was enacted. The Law deals with the issue of unfair competition in a very generic way. In addition to the Jordanian Unfair Competition Law, the principal statutory source of protection is implemented through the general rules and principles of civil law, particularly, tort law and injurious acts. Although the Jordanian Unfair Competition Law purports to implement a general legal regime on unfair competition, it includes very little in terms of substantive or procedural protection of unfair competition. Presently, the Jordanian legal system provides only very limited protection which is not adequate to accommodate unfair competition cases. Therefore, statutory changes are needed.

Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of‘ Jihad,’there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of‘ jihad’ is‘ self-defense.’After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.

What is an Islamic view of women’s rights? Is there an authentic Islamic interpretation of this issue? The central argument of this article is that there is no unique Islamic view of women’s rights and even more, that according to the very nature and spirit of Islamic law itself, there should be no such version. The article starts with an overview of states’ international obligations with regard to protection of women’s rights. It continues with some examples of implementation of these obligations in several states proclaiming Islam as official religion and source of legislation. This part of the article demonstrates diversity of views existing among such states and insists on the fact that it is not religion itself, but its misuse by patriarchal totalitarian regimes that impedes any development towards improvement of the situation of women in some Muslim states. Finally, the article suggests that international lawyers shall abandon sacralizing religiously framed defences of certain states and be in contrast more attentive and sensitive to difficulties faced by other Muslim states in their effort to reform and reinterpret Islamic law.

As the primary mode of long distance transport between nations, international air transport plays an essential role in the development and prosperity of the global economy. While other services sectors have benefited immensely from the multilateral trading system, the air transport services have long been dominated by restrictive bilateral arrangements since the Chicago Conference of 1944. Following the successful deregulation of its domestic air transport regimes, the United States initiated an Open Skies campaign toward international air services liberalization in 1990s. The conclusion of the U.S.- EU Open Skies Agreement in April 2007 represents a landmark in the liberalization of international air services. This historic deal not only heralded a new era in transatlantic aviation, but also strengthened the path-dependence of air transport services liberalization. As a major economic power and potential aviation power, China would benefit immensely from the liberalization of air services. However, base on actual conditions, a controllable and phased-in approach toward liberalization is a more rational choice for China at present.

The Article 24 of the United Nations Charter prescribes the responsibility of the Security Council in maintaining the peace and security of the international community. Due to emerging threats against international peace, such as terrorism, proliferation of weapons of mass destruction and increasing recognition of the ‘ human security’concept, the Security Council now needs to diversify approaches to international security, such as prevention by establishing new international norms through quasi-legislation activities, in addition to a conventional approach of response to crisis such as peace keeping. Thus, the reform of theSecurity Council must be considered so that the Security Council could deal with such new threats more effectively as well as more legitimately.

International human rights discourse has largely ignored the decentralization of political, fiscal and administrative authority currently taking place across the developing world. By reference to Indonesia’s recent transition from a highly centralised system of government to a system of regional autonomy (called Otonomi Daerah, or “Otda”), this article demonstrates the importance of more closely examining the relationship between international human rights and decentralization. In particular, it is argued that an understanding of international human rights can shed light on the dynamics of decentralization and, vice versa, examining decentralization can inform our understandings of international human rights. The essay explains the historical, political and economic context of Otda and briefly describes its current legal framework. It then explores the varied impacts Otda has had on international human rights in Indonesia and how Otda can, in turn, highlight some of the limits and possibilities of international human rights.