06. Journal of Law




e-ISSN 1985-8000
DOI: dx.doi.org/10.12785/low
Editor-in-Chief: Dr. Salah Mohammad Ahmad
Email: hssj@uob.edu.bh No Publication Fee










Journal of Law: Biannual Peer-reviewed academic journal, issued by the Deanship of Scientific Research at the University of Bahrain.

The Journal publishes articles written in Arabic, English and French in the following fields:

  • Legal Research and studies with preference to research focusing on Bahraini legislations or comparing the latter with other laws and legislations.
  • Commentary on judicial judgments
  • Abstracts of Master degree dissertations and PhD theses will be published in the annual appendix of the journal.


    • Editor in Chief
  • د. صلاح محمد أحمد


    • Managing Editor
  • د. نورة الشملان


    • Editorial Board
  • الاستاذ الدكتور عبد الحكيم الشرقاوي
  • الدكتور صالح البراشدي
  • الاستاذ الدكتور هاني دويدار
  • الاستاذ الدكتور محمد عبدالنعيم
  • الدكتور محمد الفيلي
  • الاستاذ الدكتور ضحى النعمان
  • الدكتور صقر الرويس


    • Advisory Board
  • الدكتورة مريم بنت حسن آل خليفة
  • الاستاذ الدكتور مفيد شهاب
  • الاستاذ الدكتور اوستن بارش
  • الاستاذ الدكتور ينكونج إن هودو
    • First: General Rules
  • The legal research or study must be of the highest academic standards. It should be original and should add to existing knowledge.
  • A submitted article should not be part of the author’s master degree dissertation, PhD thesis , or a previously published book.
  • The author should comply with the general rules of scientific research in particular rules of citation and referencing.
  • All submitted articles and commentaries will undertake a preliminary examination by the editorial board to decide its eligibility for peer-review. If the work was accepted at the preliminary examination stage, it will be peer-reviewed before publication.
  • Articles submitted by PhD students are accepted provided that it is co-authorship with the supervisor.
  • The author may not publish his work in any other journal if the work was accepted for publication in the Journal of Law. However, such publication is permissible if he obtained a written permission from the editor-in-chief of the Journal of Law.
  • The original copies of -any submitted work- sent to the journal will not be returned to the author whether the work was accepted for publication or not.
  • Sequence of published articles depends on the date in which the article was sent to the journal.
  • Each author will be given one free copy of the journal.


    • Second: Submission
  • Journal articles and commentaries should be submitted through "Submission Button"
  • The author should submit two abstracts: The first should be written in the same langue of his journal article while the second is in English. Each should not exceed 200 words with a clear insertion of key words in both.
  • With regard to commentary on judicial judgments, author of the commentary should attach a full copy of the judicial judgment for reviewers’ reference.
  • The author should submit a written declaration that the journal article has not been published before and is not submitted for publication elsewhere. Copyright 2023.docx ​


    • Third: Research and referencing
  • Any journal article should not exceed 14,000 words including footnotes and bibliography.
  • Commentaries on judicial decisions should not exceed 5000 words.
  • Font style should be Time New Roman – Font size 12 - single space.
  • First page should contain: title, author/s name/s, name of institution, address, phone / mobile number, email address.
  • To guarantee confidentiality of peer-review process, author should not mention his name in the body of his work, nor should he provide any sign that could lead to identifying him.
  • A journal article should contain an introduction explaining: the nature of the research, its importance, objectives, and its questions or hypothesis. A research should be divided and structured in a way that would support connectivity and harmony of its different parts. Any journal article should end with a conclusion and / or recommendations followed by a bibliography.
  • A bibliography should be divided into the following titles:
  • Primary resources (includes laws, conventions, and any legislative tool to which the author had direct examination) must be referenced by writing: title of the legislative tool, its number, and date. Primary resources should be arranged by its dates starting with the most recent.
  • Books: should be arranged alphabetically starting with the author’s first name
  • Journals: should be arranged alphabetically starting with the author’s first name
  • Electronic resources: author should mention date of his final access/visit to the website.
  • Other resources: author should list any reference that he could not list under the previous titles.
  • Arabic references should be cited according to the rules specified in the Arabic references section.
  • English references should be cited according to OSCOLA:
  • Judicial judgments:
    • Case number | case name | [year] | report abbreviation | first page
    Example:
    Case 240/83 Procureur de la République v ADBHU [1985] ECR 531
  • Books:

    • Author, Title in Italics (series title, edition publisher, place date) page
    Example:
    JH Baker, An Introduction to English Legal History (4th edn Butterworths, London 2002) 419–21
  • Journals:
    • Author, | ‘title’ | [year] | journal name or abbreviation | first page of article - last page
    Example:
    Alexandra Sims, 'The denial of copyright protection on public policy grounds' [2008] E.I.P.R. 189-198
  • Electronic resources:
    • Author, | ‘title’ | [year] OR (year) | volume/issue | journal name or abbreviation | web address | date accessed
    Example:
    Graham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010) 1(1) EJLT http://ejlt.org/article/view/17 accessed 27 July 2010

    Fourth: Intellectual Property rights (IPRs)
    Copyright in the author’ work is transferred to the Journal. The author should agree to transfer his copyright with regard to the work submitted for publication to the Journal of Law by completing the written transfer form attached with the research form sent to the author. Copyright 2023.docx ​

    Correspondence:
    Journal of Law, Deanship of Scientific research, University of Bahrain. P.O. Box 32038
    Email: journaloflaw@uob.edu.bh ​


    ​The Journal invites qualified reviewers to assist in peer-review process. If you are interested to be a reviewer, please send 100 words biodata to the Editor-in-Chief.​

    Review Steps ​ ​
    All manuscript will be assigned to more than one reviewer through 5 steps. As soon as we receive an article, the Editorial office will Pre-Review your manuscript in one week. The officer will check whether the manuscript is valid and language is fluent and necessary factors are all included. The officer will also cross check the article in crossref database in order to avoid plagirsm. The following is a formal review process accomplished by other official reviewers for one month. It is decided by Editor-in-Chief in one week whether your manuscript is accepted or not. All submitted papers will be reviewed in about six weeks.

    Chart 1

    ​Type of Peer Review​ ​
    This journal follows blind reviewing process, where both the referee and author remain anonymous throughout the process. ​
    ​Formal Conditions of Acceptance ​
    Each article submitted to us will be reviewed by at least 2 reviewers. Moreover the papers will be checked for linguistic consistency. Thematic review will decide whether to accept or reject according to the originality, significance for theory and practice, quality of content and presentation of submitted paper.

    Chart 2


    This journal is indexed by these worldwide databases:
    • Google Scholar
    • Gale, a Cengage Company
    • EBSCO

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    Search Results

    Now showing 1 - 10 of 307
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      Administration Refraining from Implementing Judicial Rulings that Vacate its Administrative Decisions in the Saudi Legal System
      (2022-10-01) Alsaiat, Asam Saud; Assistant professor Law department College of Shari'a and Law Jouf University; Saudi Arabia
      Administration plays a key role in the field of implementing judicial rulings that are issued to cancel its administrative decisions and is directly responsible for them as one of the parties to the dispute. However, the process of implementing these provisions may encounter difficulties caused by the fact that the administration is the same executive authority that has the authority to implement the ruling or not. In practice, we find that there is inflexibility on the administration side to refrain from implementing judicial rulings in whole or in part. Therefore, the problem of executing the administrative judiciary's rulings by cancellation arose, and it became the obsession that haunts individuals who only need to wait until the administration cracks down on the judiciary's ruling and its implementation. The failure to implement judicial rulings on the part of the administration represents a serious breach of the separation of powers principle. In addition, the principle of judicial independence and the respect for its provisions and their implementation has become an essential condition in any democratic system. However, the failure to implement rulings by the administration, in whole or in part, is considered a detraction from the power of the judicial rulings and a prejudice to the independence of the judiciary. Therefore, this study aims to search for ways that lead to obligating the administration to implement administrative judicial rulings and to suggest recommendations that could help in solving this problem.
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      The Impact of Active Partner Effectiveness on Managing a Limited Liability Company in Bahraini Legislation
      (2022-10-01) Alzu’bi, Samer Mohammad; Assistant Professor of Commercial Law University of Bahrain; Bahrain
      This study is based on encouraging an active partner to manage a limited liability company and his impact in achieving the goal of establishing it. This management is carried out by activating its role in the administration through the General Assembly and the Supervisory Board. It is also aimed to confirm that the active partner is the real management center for the company to achieve the company's goals and purposes. The role of an active partner must go beyond the traditional administrative role to reach for the modern management to fulfill the interest of the company. This creates modern management and effective control as we will not exclude the mechanism that can be followed to activate self- and preventive control through the partner to monitor the Board of Directors’ performance. It is necessary to encourage the partner to participate in the company to serve the company’s higher interests and to achieve its goals by expressing his opinion freely and transparently. The partner’s right to attend the meetings of the general assembly cannot be violated at all, as this hinders the main objective that the modern management is looking for, which is effective management within the company
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      Temporary Waiver of TRIPS Obligations During Covid-19 Epidemic in Light of WTO Rules
      (2022-10-01) Al- Salloum, Obied Ali; Faculty Member - Faculty of Law University of Aleppo- Syria; Syria
      The COVID-19 epidemic has had a devastating impact on human lives, livelihoods, and economies around the world. There does not seem to be an immediate end to this epidemic. Even though COVID-19 vaccines were produced at a record pace, the global distribution of vaccines was not equitable, as vaccine nationalism spread and developed countries dominated most of the vaccines produced. On the other hand, less developed countries received only crumbs and what the wealthy countries donated from their surpluses. Several developing countries, led by India and South Africa, submitted a request to the World Trade Organization for a temporary waiver from specific TRIPS provisions to rapidly expand the production and distribution of COVID-19 vaccines around the world at the height of the epidemic. This request would ensure an effective response to this epidemic and show the level of solidarity and human unity in the face of this challenge. As a result of the above, this study will examine the nature of the Waiver in WTO law, and analyze the legal aspects of the Waiver request, in particular, determining the procedural and substantive requirements that must be met in this request based on the law and practices of the World Trade Organization and of the GATT agreement of 1947. After that, we will discuss the legal provisions governing Waiver decisions if the WTO approves the Waiver request. We conclude the study with results and recommendations that we consider necessary to build a more just and equitable global system for intellectual property.
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      Artificial Insemination in the Bahraini Criminal Legislation -Comparative Study-
      (2022-10-01) Alsaraireh, Naser Abdulsalam; Assistant Professor of Criminal Law College of Law - Royal University for Women; Bahrain
      This study examined the legal regulation of artificial insemination technology in Bahraini criminal legislation and some comparative criminal legislation by reviewing the controls set by the legislation under study. The legislation is represented by a set of conditions and prohibitions surrounding this technology in order to come out in a sound legal image. The study also dealt with the criminal responsibility resulting from the violation of the conditions of practicing the technique of artificial insemination and the criminal liability resulting from committing the prohibitions of this technology. This research is divided into three sections. The first section, discussed the concept of artificial insemination technology and methods. The second section, dealt with the position of the Bahraini criminal legislation and compared it to the technique of artificial insemination. In the third section, looked into the controls and prohibitions of artificial insemination and the effect of violating them, in addition, to a conclusion that included the results and recommendations of this study.
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      The Criminal Responsibility of Non-State Armed Groups for Violating International Humanitarian Law in Light of Climate Change
      (2022-10-01) Al- Haj Ibrahim, Talal Mohamad; PhD In International Law Damascus University - Faculty Of law; Syria
      Climate change has caused more effects in fragile states as they were already suffering from non-international armed conflicts. It created an environment in which non-state armed groups flourished and enabled them to increase their influence and strengthen their ranks relying on the spread of poverty and unemployment, the low availability of basic services, and the scarcity of natural resources, as they have forcibly recruited young men of these states into their ranks, especially the children. Also, they have committed human trafficking to increase their resources. In addition, they have militarized natural resources to use them as a weapon of war. These things resulted in serious implications and repercussions on the enforcement of international humanitarian law and in order to confront the crimes of these groups that are causing a real threat to the safety and stability of the international community and a danger that most countries of the world live in as it targets its joints. Therefore, this damage requires activating the enforcement of criminal responsibility against their leaders and members even if their countries are not a party to the Rome Statue of the international criminal court and that is to ensure respect for the international law in armed conflicts in light of the increased activities of these groups.
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      The Legal Value of the Artistic Personality of the Robot and its Legal Representative in Intellectual Property Regulations and Provisions -A Comparative Study-
      (2022-10-01) Mossad, Mohamed Mohamed Elkotb; Assistant Professor of Civil Law College of Law - University of Bahrain; Bahrain
      Information systems are witnessing a massive revolution that has led to rapid and radical changes as new applications of information systems and modern standards for designing these systems have emerged, most notably what is known as artificial intelligence techniques, which is a new field that has emerged as a computer science that is concerned with studying and understanding the nature of human intelligence and simulating it, to create a new generation of Intelligent computers and robots that can be programmed to accomplish many tasks that require a high capacity for deduction and perception. Nowadays, robots are qualified to do multiple jobs. Consequently, it was natural for intellectual property rules and provisions to be affected by the effects of artificial intelligence applications and the new patterns of legal relations that they produced. This requires legislative intervention to harmonize the current legal texts with the changes that have arisen due to the tremendous development in this field.
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      The Non-financial Effects Arising from the Premature Expiry of the Functional Association -A Comparative Study-
      (2022-10-01) Ararawi, Mohammad Emad Ahmed
      In this research, we have discussed the non-financial effects resulting from the premature termination of the functional association. The aim of this research, which uses descriptive and comparative analysis as a style, is to explore the non-financial effects of the premature termination of the functional association in Jordanian and Egyptian law by showing the potential of reappointing the public employee and querying their liability to the State secrets and their discipline. Through the research, I have reached a set of results, the most important of which was the existence of legislative deficiencies in the legislation governing public service in Jordan with regard to the non-financial effects of the employee whose service ends prematurely. It also concluded with a set of recommendations, one of the most important ones is the need to amend some provisions of the Jordanian to avoid the negative effects that follow the public employee as a result of the termination of the functional relationship, with the aim of achieving a balance between the interest of the public employee on the one hand and the interest of the administration on the other.
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      Legal Security in the Field of Conflict of Laws -A Study in Tort Liability-
      (2022-10-01) Djamel, Benosman; Mourad, Benseghir; College of Law and Political Sciences University of Abu Bakr Belkaid Tlemcen- Algeria; Algeria
      Legal security, as a principle, requires the legal rules to be clear, as the provisions should not contradict the expectation of how it is formed in the written text. They must cover all relationships, including international private relations. Moreover, they must include the rules for conflict of laws that concern the harmful act of tort liability. Despite the stability of many legislation and judicial solutions on enforcing the local law as it is in line with the expectations of individuals who are considered to be one of the pillars of legal security, there are those who tried to rebel against this principle by criticizing the conflict approach in itself and giving other solutions with the possibility of risking and compromising the expectations of individuals.
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      The Moral Responsibility Resulting from the Use of Mines in International Law
      (2022-10-01) Al-Enezy, Eisa H.; Al-Duaij, Nada Y; Professor of International Law College of Law - Kuwait University; Kuwait
      The excessive use of technology during armed conflicts should not prevent belligerents from complying with the rules of the IHL. In contrast, new technology should play a major role in humanizing armed conflict. Unfortunately, the practical application reveals that the use of new technology during armed conflicts plays a negative role by increasing the number of casualties, thus rendering the process of rehabilitation even more challenging. Despite the excessive use of technology during armed conflicts, the general principles of IHL, such as chivalry, proportionality, excessive force-use prevention (in terms of quantity and quality), and force-use necessity limitation, are all somehow still in effect. We strongly believe that IHL principles should be stringent towards the negative use of technology. Excessive use of technology during armed conflict may provoke military commanders to hire the best hackers in the market, out of the armed forces cadre, to support military operations and achieve victory without consideration of IHL rules. This behavior could pose a threat to the value of the IHL rules and increase the risk of severe violations. Seeking victory should never be a pretext to resort to the negative excessive use of technology during armed conflicts, which may cause damages, targeting all States that have a history of recurring the excessive use of damaging technology.
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      The Compensation for Damages of The Outer Space Environment In International Treaties
      (2022-10-01) Zaid, Zaid Ali; Sarhan, Adnan Ibrahim; Associate Professor of public International law- College of Law- University of Sharjah; College of Law University of Sharjah; UAE; UAE
      The problems of pollution of the outer space environment are relatively contemporary, and it is difficult to enact fixed legal rules for it, at least for the time being. The issue with the outer space environment, which the international treaties addressed in their long discussions regarding sea pollution or air pollution, is governed by activities done by neighboring States as converging issues that can be measured when treating outer space pollution for its legal characterization and how to compensate for such damages. Although space or air space is not legally specified, it is possible to distinguish between the two areas based on their respective activities. For the reason that space activities have been the focus of human activities in outer space, states, in accordance with the principle of the free use of outer space, States have exploited the natural resources available in the outer space environment in the area of communications or remote sensing and others, to meet their needs and to achieve their ambition. This paper discusses the issue of compensation and related issues, pollution of the outer space environment and the grounds for compensation in accordance with the rules of international law.